TABLE OF CONTENTS

I. APPLICABILITY OF THE RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL

COURTS………………………………………………………………………………………… 4

A. On cases covered by Summary Procedure…………………………………………….. 4

B. On Small Claims………………………………………………………………………….. 5

II. GENERAL COMMON PROVISIONS……………………………………………………….. 6

III. THE RULE ON SUMMARY PROCEDURE…………………………………………………. 7

A. On Civil Cases …………………………………………………………………………… 7

B. On Criminal Cases ………………………………………………………………………. 13

C. Appeals in Summary Procedure………………………………………………………… 18

IV. RULE ON SMALL CLAIMS……………………………………………………………….. 18

SUBJECT INDEX……………………………………………………………………………… 29

COMPARATIVE TABLE OF THE 1991 RULES ON SUMMARY PROCEDURE AND THE 2022
RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS………… 30

COMPARATIVE TABLE OF THE REVISED RULES OF PROCEDURE FOR SMALL CLAIMS

CASES AND THE 2022 RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL
COURTS………………………………………………………………………………………. 52

Rules on Expedited Procedures in the First Level Courts 2

 INTRODUCTION

This Primer is a project of the DLSU Law Clinic (DLC) as part of the Clinical
Legal Education Program (CLEP) of the De La Salle University Tañada-Diokno College
of Law (DLSU-TDCOL) and aims to provide Filipinos information on matters related to
the New Rules on Expedited Procedures in the First Level Courts of the Philippines, as
contained in the Supreme Court Resolution, A.M. No. 08-8-7 -SC, which took effect on
11 April 2022.

Although the New Rules were promulgated to simplify and expedite

proceedings, it is important that those who the new rules intend to cater to, fully
understand and interpret these to maximize its advantage in the same manner that the
legislature intended for them to benefit. Considering the recent developments in
procedural law, substantive law, jurisprudence, as well as technological advancements,
the Primer intends to inform its readers what they can do now that amendments have
been made.

To uphold all parties’ constitutionally guaranteed right to a speedy

disposition of cases, they must understand, interpret, and comply with every aspect of
the proceedings in the First Level Courts and avoid losing legal battles due to
technicalities. This is in accordance with the principle that justice delayed is justice
denied. Full knowledge and understanding of the rules before the First Level Courts are
important not only for the speedy disposition of cases but also for one to be able to avail
of his right to due process which is essentially protected by the Philippine Constitution.

And to help prevent the inevitable fact that these rules could be taken
advantage of and be used to abuse others’ rights, this Primer will serve to educate,
expound, and update yet simplify the Rules in a manner that could be best understood
by its readers.

To know more about the New Rules and to view the required forms, please
visit the Supreme Court Official Website: https://sc.judiciary.gov.ph/26005/
Pio Angelo Alfonso Ma. Carlisa Rachel Maga
Chloe Mae de Guzman Melissa Mei Lin Monteroso
Karen Dimen Christian Navas
Malagant Escudero Dawn Pascual
David Joseph Flores Gem Villaviray

Law Student Practitioners

De La Salle University Tañada-Diokno College of Law (DLSU-TDCOL)

Rules on Expedited Procedures in the First Level Courts 3

I. APPLICABILITY OF THE RULES
ON EXPEDITED PROCEDURES IN
THE FIRST LEVEL COURTS
1. Q: What cases would be covered
by The Rules on Expedited
Procedures in the First Level Courts?
A: This Rule would prospectively apply
only to cases filed from 11 April 2022.
Pending cases covered by these Rules,
which are currently before the second
and first-level courts, shall remain with
and be decided by those same courts
based on the rules applicable at the time
those cases were filed. (Rule V)
2. Q: When do these Rules not apply?
A: The Rules shall not apply to civil
cases where the plaintiff’s cause of
action is pleaded in the same complaint
with another cause of action subject to
the regular procedure; nor to criminal
cases where the offense charged is
necessarily related to another criminal
case subject to the regular procedure.
(Sec. 2, Rule I)
A. On cases covered by Summary
Procedure
3. Q: What civil cases shall be
covered by the Rule on Summary
Procedure?
A: The following civil cases shall be
governed by the Rule on Summary
Procedure:
(a) Forcible entry and unlawful
detainer cases, regardless of the
amount of damages or unpaid rentals
sought to be recovered. Where
attorney's fees are awarded, the same
Rules on Expedited Procedures in the First Level Courts
shall not exceed One Hundred
Thousand Pesos (P100,000.00).
(b) All civil actions, except probate
proceedings, admiralty and maritime
actions, and small claims cases falling
under Rule IV hereof, where the total
amount of the plaintiff's claim does not
exceed Two Million Pesos
(P2,000,000.00), exclusive of interest,
damages of whatever kind, attorney's
fees, litigation expenses and costs.
(c) Complaints for damages where
the claim does not exceed Two Million
Pesos (P2,000,000.00), exclusive of
interest and costs.
(d) Cases for enforcement of
barangay amicable settlement
agreements and arbitration awards
where the money claim exceeds One
Million Pesos (P1,000,000.00), provided
that no execution has been enforced by
the barangay within six (6) months from
the date of the settlement or date of
receipt of the award or from the date the
obligation stipulated or adjudged in the
arbitration award becomes due and
demandable, pursuant to Section 417,
Chapter VII of Republic Act No. 7160,
otherwise known as The Local
Government Code of 1991.
(e) Cases solely for the revival of
judgment of any Metropolitan Trial
Court, Municipal Trial Court in Cities,
Municipal Trial Court, and Municipal
Circuit Trial Court, pursuant to Rule 39,
Section 6 of the Rules of Court.
(f) The civil aspect of a violation of
Batas Pambansa Blg. 22 (the Bouncing
Checks Law), if no criminal action has
been instituted therefor. Should a
criminal action be later instituted for the
same violation, the civil aspect shall be
consolidated. with the criminal action
and shall be tried and decided jointly
4
under the Rule on Summary Procedure.
(Sec. 1 [A] [1] Rule I)
4. Q: What criminal cases shall be
covered by the Rule on Summary
Procedure?
A: The Rule on Summary Procedure
shall govern the following criminal
cases:
(a) Violations of traffic laws, rules
and regulations;
(b) Violations of the rental law;
(c) Violations of municipal or city
ordinances;
(d) Violations of Batas Pambansa
Blg. 22 (the Bouncing Checks Law); and
(e) All other criminal cases where the
penalty prescribed by law for the offense
charged is imprisonment not exceeding
one (1) year, or a fine not exceeding
Fifty Thousand Pesos (P50,000.00), or
both, regardless of other imposable
penalties, accessory or otherwise, or of
the civil liability arising therefrom. In
offenses involving damage to property
through criminal negligence under
Article 365 of the Revised Penal Code,
this Rule shall govern where the
imposable fine does not exceed One
Hundred Fifty Thousand Pesos
(P150,000.00). (Sec. 1 [B], Rule I)
B. On Small Claims
5. Q: What is a Small Claim?
A: It is an action that is purely civil in
nature where the claim or relief raised
by the plaintiff is solely for the payment
or reimbursement of a sum of money. It
excludes actions seeking other claims or
reliefs aside from payment or
reimbursement of a sum of money and
Rules on Expedited Procedures in the First Level Courts
those coupled with provisional
remedies. (Sec. 1 [A][2], Rule I)
6. Q: What is the jurisdictional
amount for small claims?
A: The money claim must not exceed
One Million Pesos (P1,000,000.00),
exclusive of interest and costs. (Sec. 1
[A][2], Rule I])
7. Q: What claim or demand may be
covered by small claims?
A: The claim or demand may be:
(a) For money owed under any of the
following:
1. Contract of Lease;
2. Contract of Loan and other credit
accommodations;
3. Contract of Services; or
4. Contract of Sale of personal
property, excluding the recovery of the
personal property, unless it is made the
subject of a compromise agreement
between the parties.
(b) The enforcement of barangay
amicable settlement agreements and
arbitration awards, where the money
claim does not exceed One Million
Pesos (P1,000,000.00), provided that no
execution has been enforced by the
barangay within six (6) months from the
date of the settlement or date of receipt
of the award or from the date the
obligation stipulated or adjudged in the
arbitration award becomes due and
demandable, pursuant to Section 417,
Chapter VII of Republic Act No. 7160,
otherwise known as The Local
Government Code of 1991. (Sec. 1
[A][2], Rule I)
5
II. GENERAL COMMON PROVISIONS (d) Motion for new trial, or for
reconsideration of a judgment on the
8. Q: When does the regular merits, or for reopening of proceedings;
procedure prescribed in the Rules of (e) Petition for relief from judgment;
Court apply? (f) Motion for extension of time to file
A: The regular procedure prescribed in pleadings, affidavits or any other paper;
the Rules of Court shall apply to the (g) Memoranda;
cases covered by these Rules where no (h) Petition for certiorari, mandamus,
specific provision is found herein. The or prohibition against any interlocutory
regular procedure shall also apply in a order issued by the court;
suppletory manner even if there is a (i) Motion to declare the defendant
specific provision found in these Rules, in default;
but only insofar as not inconsistent. (j) Dilatory motions for
postponement. Any motion for
postponement shall be presumed
9. Q: In case of inconsistency dilatory unless grounded on acts of God,
between the regular rules of force majeure, or physical inability of a
procedure and the Rules, which shall counsel or witness to personally appear
prevail? in court, as supported by the requisite
A: In case of inconsistency, the Rules affidavit and medical proof;
on Expedited Procedure in the First (k) Rejoinder;
Level Courts shall prevail. (Sec. 1, Rule (l) Third-party complaints;
II) (m) Motion for and Complaint in
Intervention;
(n) Motion to admit late judicial
10. Q: What pleadings, motions, and
affidavit/s, position papers, or other
petitions are prohibited by these
evidence, except on the ground of force
Rules?
A: The following pleadings, motions or majeure or acts of God;
petitions shall not be allowed in cases (o) Motion for judicial determination
governed by these Rules: of probable cause in criminal cases.
(a) In civil cases, a motion to dismiss (Sec. 2, Rule II)
the complaint or the statement of claim,
and in criminal cases, a motion to quash
11. Q: When will videoconference
the complaint or information, except on
hearing be allowed in cases
the ground of lack of jurisdiction over the
governed by these Rules?
subject matter or failure to comply with
A: As far as practicable, and if the court
the requirement of barangay
finds that the conduct of a
conciliation, pursuant to Chapter VII,
videoconference hearing will be
Title I Book III of Republic Act No. 7160;
beneficial to the fair, speedy and
(b) Motion to hear and/or resolve
efficient administration of justice, the
affirmative defenses;
court, on its own initiative or upon
(c) Motion for a bill of particulars;
motion, may set the case of a video
conference hearing at any stage of the
proceedings. (Sec. 3, Rule II)
Rules on Expedited Procedures in the First Level Courts 6
12. Q: What is the governing rule in
service pursuant to international
conventions?
A: Service made pursuant to the Hague
Convention on the Service Abroad of
Judicial and Extrajudicial Documents in
Civil or Commercial Matters shall be
valid, and the period to answer shall
commence from receipt of the document
served. (Sec. 4, Rule II)
III. THE RULE ON SUMMARY
PROCEDURE
A. On Civil Cases
13. Q: What are allowed pleadings in
civil cases covered by Summary
Procedure?
A: The only pleadings allowed to be
filed are:
(a) Complaint;
(b) Compulsory Counterclaim;
(c) Cross-claim pleaded in the
answer; and
(d) Reply, as provided in Sec. 8 of
these rules.
Note that the pleadings shall be verified.
(Sec. 1, Rule III [A])
14. Q: What is the form and the
contents of pleadings for civil cases
covered by Summary Procedure?
A: All pleadings submitted under this
Rule shall comply with Rule 7 of the
2019 Amendments to the 1997 Rules of
Civil Procedure. (Sec. 2, Rule III [A])
Rules on Expedited Procedures in the First Level Courts
15. Q: What should be included in a
pleading if a case is covered by
barangay conciliation proceedings
under the Local Government Code?
A: All cases requiring prior referral to
barangay conciliation must contain a
statement of compliance, pursuant to
Chapter VII, Title I, Book III of Republic
Act No. 7160 [Local Government Code].
Where there is no showing of
compliance with such requirement, the
complaint shall be dismissed without
prejudice, on the court’s own initiative or
upon motion by the defendant, and may
be re-filed only after compliance with the
requirement. (Sec. 2, Rule III [A])
16. Q: What must be stated in a
complaint for civil cases covered by
Summary Procedure?
A: The complaint shall state the
following:
(a) The names of the affiants whose
judicial affidavits will be presented to
prove the plaintiff’s claim. The judicial
affidavits shall be attached to the
complaint. Otherwise, it shall not be
considered.
(b) The summary of statements in
the judicial affidavits
(c) The documentary and other
object evidence in support of the
allegations of the complaint; and
(d) Whether the plaintiff consents to
service by electronic means or facsimile
and, if so, the plaintiff’s e-mail address
or facsimile numbers for such purpose.
(Sec. 3, Rule III [A])
7
17. Q: What are the grounds for
dismissal of the case?
A: The court shall motu proprio dismiss
the case if it is apparent from the
allegations of the complaint, as well as
the evidence attached thereto, that:
(a) The court lacks jurisdiction over
the subject matter;
(b) There is improper venue;
(c) The plaintiff lacks the legal
capacity to sue;
(d) The action is barred by litis
pendentia or res judicata;
(e) The action has already
prescribed;
(f) The complaint failed to state a
cause of action:
(g) The plaintiff failed to submit a
certification against forum shopping; and
(h) The plaintiff failed to comply with
the condition precedent, such as the
absence of barangay conciliation,
among others. (Sec. 4, Rule III [A])
18. Q: What is the action of the court
if there is no ground for dismissal of
the case?
A: If there is no ground for dismissal,
and the court determines that the case
falls under the Rules, the court shall
direct the Branch Clerk to issue
summons to the defendant within five
(5) calendar days from receipt of a new
civil case. The summons shall clearly
state that the case shall be governed by
the Rule on Summary Procedure. (Sec.
4, Rule III [A])
Rules on Expedited Procedures in the First Level Courts
19. Q: Does the Rule have specific
provisions on Filing and Service of
pleadings and summons?
A: No, the Rule does not have any
specific provisions on Filing and Service
of pleadings and summons. The rules
on filing and service of pleadings under
Rule 13 and service of summons under
Rule 14 of the 2019 Amendments to the
1997 Rules of Civil Procedure shall be
applicable to cases under this Rule,
unless inconsistent. (Sec. 5, Rule III [A])
20. Q: When shall the defendant file
an answer to the complaint?
A: The defendant shall file an answer to
the complaint and serve a copy thereof
on the plaintiff within thirty (30) calendar
days from service of summons. (Sec. 6,
Rule III [A])
21. Q: What must be stated in the
answer?
A: The answer shall state the following:
(a) The names of the affiants whose
judicial affidavits will be presented to
prove the defendant's allegations. The
judicial affidavits shall be attached to the
answer. Otherwise, it shall not be
considered.
(b) The summary of the statements
in the judicial affidavits;
(c) The documentary and other
object evidence in support of the
allegations in the answer; and
(d) Whether the defendant consents
to service by electronic means or
facsimile and, if so, the defendant's
e-mail addresses or facsimile numbers
for such purpose. (Sec. 6, Rule III [A])
8

22. Q: What is the effect if the
defendant fails to plead an affirmative
defense in the answer?
A: Affirmative defenses not pleaded in
the answer shall be deemed waived,
except for the following:
(a) Lack of jurisdiction over the
subject matter;
(b) Litis pendentia;
(c) Res judicata; and
(d) Prescription. (Sec. 6, Rule III [A])
23. Q: What is the effect if there is a
failure to assert the cross-claim or
compulsory counterclaim in the
answer?
A: Cross-claims and compulsory
counterclaims not asserted in the
answer shall be considered barred.
(Sec. 6, Rule III [A])
24. Q: What are compulsory
counterclaims within the coverage of
this Rule?
A: These are the claims of the
defendant against the plaintiff at the time
the action is commenced which:
(a) Is within the coverage of this
Rule, exclusive of interests and costs;
(b) Arises out of the same
transaction or event that is the subject
matter of the plaintiff’s claim;
(c) Does not require for its
adjudication the joinder of third parties;
and
(d) Is not the subject of another
pending action.
The compulsory counterclaim must be
filed as such in the answer; otherwise,
the defendant shall be barred from suing
Rules on Expedited Procedures in the First Level Courts
on such counterclaim. (Sec. 7, Rule III
[A])
25. Q: Can the defendant file a
permissive counterclaim?
A: Yes. The defendant may also elect to
file a counterclaim against the plaintiff
that does not arise out of the same
transaction or occurrence, provided that
the amount and nature thereof are
within the coverage of this Rule and the
prescribed docket and other legal fees
are paid.
Note, however, that any amount pleaded
in a counterclaim in excess of Two
Million Pesos (P2,000,000.00),
excluding interests and costs, shall be
deemed waived. (Sec. 7, Rule III [A])
26. Q: Does the plaintiff have to file a
reply in order to controvert the
allegations of the defendant’s
answer?
A: No. All new matters alleged in the
answer shall be deemed controverted.
(Sec. 8, Rule III [A])
27. Q: When is the only time that the
plaintiff may file a reply?
A: The plaintiff may file a reply to a
counterclaim only when an actionable
document is attached to the answer.
(Sec. 8, Rule III [A])
28. Q: What is the period of filing of
the reply?
A: The reply shall be filed within ten (10)
calendar days from the receipt of the
answer. (Sec. 8, Rule III [A])
9

29. Q: What is the effect if the
defendant fails to file an answer?
A: Should the defendant fail to answer
the complaint within the period provided,
the court, on its own initiative, or upon
manifestation by the plaintiff that the
period for filing an answer has already
lapsed, shall render judgment as may
be warranted by the facts alleged in the
complaint and its attachments, limited to
what is prayed for therein.
The court may reduce the amount of
damages and attorney's fees claimed for
being excessive or otherwise
unconscionable. (Sec. 9, Rule III [A])
30. Q: What rule shall govern the
Preliminary Conference?
A: The rules on pre-trial under Rule 18
of the 2019 Amendments to the 1997
Rules of Civil Procedure shall be
applicable. (Sec. 10, Rule III [A])
31. Q: When will the notice of the
preliminary conference be issued?
A: The Branch Clerk of Court shall issue
a Notice of Preliminary Conference
within five (5) calendar days after the
last responsive pleading is filed. (Sec.
10, Rule III [A])
32. Q: What shall be the contents of
the notice of preliminary conference?
A: The Notice of Preliminary
Conference shall include the dates
respectively set for:
(a) Preliminary Conference (within
30 calendar days from the filing of the
responsive pleading);
Rules on Expedited Procedures in the First Level Courts
(b) Court-Annexed Mediation (within
an inextensible period of thirty (30)
calendar days from date of referral for
mediation); and
(c) Judicial Dispute Resolution, in
the court’s discretion (within an
inextensible period of fifteen (15)
calendar days from notice of failure of
the Court-Annexed Mediation). (Sec. 10,
Rule III [A])
33. Q: What should be filed before the
Preliminary Conference?
A: The parties shall file with the court
their respective Preliminary Conference
Briefs and serve on the adverse party in
such a way as to ensure receipt, at least
three (3) calendar days before the
scheduled Preliminary Conference.
(Sec. 11, Rule III [A])
34. Q: What should be the contents of
Preliminary Conference Briefs?
A: The Preliminary Conference Brief
shall contain the following:
(a) A summary of admitted facts;
(b) A summary of disputed facts and
proposals for stipulations on the same;
(c) A statement of factual and legal
issues; and
(d) A list of testimonial, object, and
other documentary evidence offered in
support of the party’s claims or
defenses, and their markings, if any.
(Sec. 11, Rule III [A])
35. Q: What if the party failed to
submit their respective Preliminary
Conference Brief?
A: Failure to submit a Preliminary
Conference Brief within the period given
shall merit the same sanction as
10
non-appearance at the Preliminary
Conference. (Sec. 11, Rule III [A])
36. Q: Is an appearance at the
Preliminary Conference required?
A: Yes. It shall be the duty of the parties
and their counsel to appear at the
Preliminary Conference, Court-Annexed
Mediation, and Judicial Dispute
Resolution, if the latter is ordered by the
court. (Sec. 12, Rule III [A])
37. Q: What are the only allowed
excuses for the non-appearance of
the party and/or counsel at the
Preliminary Conference?
A: The non-appearance of a party
and/or counsel may be excused only for
the following:
a. Acts of God;
b. Force majeure; or
c. Duly substantiated physical
inability. (Sec. 12, Rule III [A])
39. Q: What if the Special Power of
Attorney or Board Resolution failed
to include all the acts required to be
indicated?
A: An authority which fails to include all
these acts shall be ineffective and the
party represented shall be deemed
absent. (Sec. 12, Rule III [A])
40. Q: What will happen if the plaintiff
and/or counsel or his/her
representative failed to appear at the
Preliminary Conference?
A: Failure to appear of the party and/or
counsel or his/her representative shall
be a cause of the dismissal of the
complaint. The defendant who appears
in the absence of the plaintiff shall be
entitled to judgment on the
counterclaim, in accordance with
Section 9 of this Rule. (Sec. 12, Rule III
[A])

38. Q: May a representative appear 41. Q: What will happen if the

on behalf of the party and/or defendant and/or counsel or his/her
counsel? representative failed to appear at the
A: Yes, but it must be fully authorized Preliminary Conference?
through a Special Power of Attorney or A: The plaintiff shall be entitled to
a Board Resolution, as the case may judgment in accordance with Section 9
be, to: of the Rule on Summary Procedure.
1. Enter into an amicable This Rule shall not apply, however,
settlement; where one of two or more defendants
2. To submit to alternative modes of sued under a common cause of action
dispute resolution, and and who had pleaded a common
3. To enter into stipulations or defense, shall appear at the Preliminary
admissions of facts and documents. Conference. (Sec. 12, Rule III [A])
(Sec. 12, Rule III [A])

Rules on Expedited Procedures in the First Level Courts 11

42. Q: What will happen after the
Preliminary Conference and after
issues have been joined?
A: The court shall issue a Preliminary
Conference Order referring the parties
to the mandatory Court-Annexed
Mediation, and Judicial Dispute
Resolution, which shall be conducted in
accordance with the provisions of A.M.
No. 19-10-20-SC or the 2020 Guidelines
for the Conduct of the Court-Annexed
Mediation (CAM) and Judicial Dispute
Resolution (JDR) in Civil Cases. (Sec.
13, Rule III [A])
43. Q: What may contain the
Preliminary Conference Order?
A: It may contain the declaration of the
court that the case is submitted for
judgment if, on the basis of the
pleadings and their attachments, as well
as the stipulations and admissions
made by the parties, judgment may be
rendered without the need of
submission of position papers. (Sec. 13,
Rule III [A])
44. Q: Can the Preliminary
Conference Order be subject of a
Motion for Reconsideration?
A: No, it cannot be the subject of a
motion for reconsideration or a petition
for certiorari, prohibition, or mandamus.
(Sec. 13, Rule III [A])
Rules on Expedited Procedures in the First Level Courts
45. Q: What is the remedy if you want
to contest the Preliminary
Conference Order?
A: It may be among the matters to be
raised on appeal after a judgment on the
merits. (Sec. 13, Rule III [A])
46. Q: Is there a need to submit a
position paper?
A: It depends. If the court deems the
submission of position papers still
necessary, it shall require the parties, in
the Preliminary Conference Order, to
submit their respective position papers
within ten (10) calendar days from
receipt of such order. (Sec. 13, Rule III
[A])
47. Q: When will the court render
judgment if no position paper is
required to be submitted?
A: The court shall render judgment
within (30) calendar days from the
issuance of the Preliminary Conference
Order. (Sec. 13, Rule III [A])
48. Q: Is additional evidence or
judicial affidavit allowed during the
Preliminary Conference?
A: No other judicial affidavits or
evidence will be admitted even if filed
with the position papers. (Sec. 13, Rule
III [A])
49. Q: When will the court render its
judgment if there is a failure to reach
an amicable settlement?
A: The court shall render judgment
within thirty (30) calendar days from
12
receipt by the court of the Mediator’s
Report or the JDR Report on the parties’
failure to reach an amicable settlement.
(Sec. 14, Rule III [A])
50. Q: What if the court needs to
clarify certain material facts?
A: The court may issue an order
specifying the matters to be clarified,
and require the parties to submit
additional judicial affidavits or other
evidence on the said matters, within ten
(10) calendar days from receipt of said
order. (Sec. 14, Rule III [A])
51. Q: When will the court render
judgment if there is a clarification on
material facts?
A: Judgment shall be rendered within
fifteen (15) calendar days after the
receipt of the last clarificatory judicial
affidavits, or the expiration of the period
for filing the same. (Sec. 14, Rule III [A])
B. On Criminal Cases
52. Q: How to commence criminal
cases governed by the Rule on
Summary Procedure?
A: It shall be commenced by filing either
a complaint or an information with the
court. (Sec. 1, Rule III [B])
53. Q: What shall accompany the
complaint or information?
A: It shall be accompanied by the
judicial affidavits of the complainant, and
of his or her witnesses, in such manner
of copies as there are accused, plus one
Rules on Expedited Procedures in the First Level Courts
(1) copy for the court. (Sec. 1, Rule III
[B])
54. Q: How is the complaint or
information served?
A: The complaint or information and
other submissions of the parties may be
filed with the court and served on the
adverse party/ies. Judgments,
resolutions, orders, and other court
processes may be served to the parties,
electronically with their consent, in
accordance with the prevailing Rules
and other Court issuances. (Sec. 1,
Rule III [B])
55. Q: What will happen if a case was
commenced by a complaint?
A: The court may dismiss the case
outright for lack of probable cause, and
order the release of the accused if in
custody. (Sec. 2, Rule III [B])
56. Q: What will happen if a case was
commenced by information?
A: The court shall issue an order which,
together with copies of the resolution of
the investigating officer and the judicial
affidavits and other evidence submitted
by the prosecution, shall require the
accused to submit judicial
counter-affidavit and the judicial
affidavits of his or her witnesses, as well
as any other evidence in his or her
behalf, within fifteen (15) calendar days
from receipt of the order. (Sec. 2, Rule
III [B])
13

57. Q: What will the accused be
required to do after submission of a
judicial counter affidavit or judicial
affidavit of his or her witnesses as
well as other evidence?
A: The accused shall serve copies
thereof on the private complainant and
the public prosecutor within fifteen (15)
calendar days from receipt of the order.
(Sec. 2, Rule III [B])
58. Q: Can a witness testify without
submitting his or her judicial
affidavit?
A: No, no witness shall be allowed to
testify if he or she failed to submit his or
her judicial affidavit. (Sec. 2, Rule III [B])
59. Q: Is there an exception to the
rule that a witness cannot testify
without submitting his or her judicial
affidavit?
A: Yes, a witness may testify in case of
rebuttal. (Sec. 2, Rule III [B])
60. Q: What is the purpose of a
judicial affidavit?
A: The judicial affidavit shall take place
of the direct testimony of a witness.
(Sec. 2, Rule III [B])
61. Q: Is there an alternative to
judicial affidavits?
A: Yes, instead of judicial affidavits, the
prosecution may submit the written
sworn statements of the complainant
and/or the witnesses prepared by the
law enforcement agents assigned to the
case, or the affidavits submitted to the
Rules on Expedited Procedures in the First Level Courts
public prosecutor during the preliminary
investigation. (Sec. 2, Rule III [B])
62. Q: Is there an effect if written
sworn statements instead of judicial
affidavits were submitted?
A: Yes, if the prosecution chooses this
option, the prosecutor shall not be
allowed to ask additional direct
examination questions of the
complainant and/or the witnesses,
except for meritorious reasons. (Sec. 2,
Rule III [B])
63. Q: When will the court determine
the existence of probable cause?
A: Upon receipt of the accused’s judicial
counter-affidavit and/or judicial affidavits
of his or her witnesses, or the lapse of
the period given for the submission
thereof, the court shall determine if
probable cause exists to hold the
accused for trial. (Sec. 3, Rule III [B])
64. Q: What if the court finds that no
probable cause exists?
A: The court shall order the dismissal of
the case and the immediate release of
the accused, if in custody. (Sec. 3, Rule
III [B])
65. Q: What if the court finds that
probable cause exists?
A: The court shall set the case for
arraignment and pre-trial. (Sec. 3, Rule
III [B])
14
66. Q: What will happen if no judicial
affidavits or other evidence were
submitted?
A: If the period for submission of judicial
affidavits and other evidence by the
accused has not yet lapsed and no
submission has been made on the date
set for the arraignment and pre-trial, the
court may proceed with the arraignment
if the accused waives the court’s
consideration of his or her judicial
counter-affidavit and/or the judicial
affidavits of his or her witnesses in the
determination of probable cause. (Sec.
3, Rule III [B])
67. Q: Can the accused submit
counter-affidavit and/or judicial
affidavits of his or her witnesses after
the date of arraignment and pre-trial?
A: Yes, counter-affidavit and/or the
judicial affidavits of his or her witnesses
may be submitted within a fresh period
of ten (10) calendar days from the date
of arraignment and the pre-trial. (Sec. 3,
Rule III [B])
68. Q: Can the court issue a warrant
of arrest for the accused in criminal
cases governed by the Rule on
Summary Procedure?
A: No, the court shall not issue a
warrant for the arrest of the accused
except for failure to appear despite
notice, whenever required by the court.
(Sec. 4, Rule III [B])
Rules on Expedited Procedures in the First Level Courts
69. Q: Can an arrested person be
released while the case is ongoing?
A: Yes, a person arrested can be
released either by bail, or on his or her
own recognizance, or that of a
responsible citizen acceptable to the
court. (Sec. 4, Rule III [B])
70. Q: What if the warrant of arrest
could not be served on the accused?
A: If the warrant of arrest could not be
served on the accused because he or
she could not be located, the court shall
issue an order archiving the case once
the law enforcement agency entrusted
with the service of the warrant of arrest
files a return to that effect, or after six (6)
months from the issuance of the warrant
of arrest, there being no return filed by
the law enforcement agency. (Sec. 4,
Rule III [B])
71. Q: When will the court set the
arraignment and pre-trial?
A: Upon receipt of the case, the court
shall set the arraignment and pre-trial
within ten (10) calendar days for
detained accused and thirty (30)
calendar days for the non-detained
accused. (Sec. 5, Rule III [B])
72. Q: What are the contents of a
notice of arraignment and pre-trial?
A: The notice of arraignment and
pre-trial shall require the attendance of
the accused and his or her counsel and
all defense witnesses, the private
complainant and his or her witnesses,
the public prosecutor and private
prosecutor, where allowed, as well as
15
the law enforcement agents assigned to
the case. (Sec. 5, Rule III [B])
73. Q: Is plea bargaining applicable to
the Rule on Summary Procedure?
A: Yes, before arraigning the accused,
the court shall inquire into the possibility
of a plea bargain between the parties.
(Sec. 5, Rule III [B])
74. Q: What if there is no plea bargain
between the parties?
A: If there is no plea bargain, the court
shall arraign the accused on the original
charge and enter his or her plea in the
record. (Sec. 5, Rule III [B])
75. Q: What if the accused pleads
guilty to the original charge?
A: The court shall forthwith sentence
him or her. (Sec. 5, Rule III [B])
76. Q: What if the accused offered to
plead guilty to a lesser offense?
A: If the accused offers to plead guilty to
a lesser offense, the consent of the
public prosecutor and the private
complainant, or the law enforcement
agent assigned to the case in victimless
crimes, shall be secured, unless the
latter are absent despite notice, in which
case the consent of the public
prosecutor shall suffice. (Sec. 5, Rule III
[B])
77. Q: What will happen after
arraignment?
A: The court shall conduct the Pre-Trial
Conference in accordance with the
Rules on Expedited Procedures in the First Level Courts
Revised Guidelines for Continuous Trial
of Criminal Cases. (Sec. 5, Rule III [B])
78. Q: When will the admission of the
accused be used against him or her?
A: If it is reduced into writing and signed
by the accused and the defense
counsel. The signatures of the accused
and the defense counsel either on the
Pre-Trial Order or the Minutes of the
Pre-Trial Conference, which embodies
such admissions, shall suffice. (Sec. 5,
Rule III [B])
79. Q: What shall consist the
testimonies of the witnesses at the
trial?
A: The testimonies of witnesses shall
consist of the duly subscribed written
statements given to law enforcement
agents, or the affidavits or
counter-affidavits submitted before the
investigating officer, or their judicial
affidavits, subject to cross, re-direct, and
re-cross examination questions. (Sec. 6,
Rule III [B])
80. Q: What if any of the witnesses or
affiant failed to testify?
A: His or her affidavit shall not be
considered as competent evidence for
the party presenting the affidavit, but the
adverse party may utilize the same for
any admissible purpose. (Sec. 6, Rule III
[B])
81. Q: How long can the prosecution
complete its evidence presentation?
A: The prosecution shall have sixty (60)
calendar days to complete its evidence
presentation. On the last day of its
16
presentation of evidence, the public
prosecutor shall orally offer the
prosecution evidence. (Sec. 6, Rule III
[B])
82. Q: What will be required for the
defense to do after the prosecution
completed its evidence presentation?
A: The defense counsel shall then make
his or her oral comments on the offer.
(Sec. 6, Rule III [B])
83. Q: What will the court do after the
defense counsel made his or her oral
comments on the offer of evidence by
the prosecution?
A: The court shall orally resolve the offer
of evidence of the prosecution. The
ruling shall be embodied in the written
order the court will issue thereafter.
(Sec. 6, Rule III [B])
84. Q: How long can the defense
complete its evidence presentation?
A: The defense shall also have sixty
(60) calendar days to complete its
evidence presentation. On the last day
of its presentation of the evidence, the
defense counsel shall orally offer the
defense evidence. (Sec. 6, Rule III [B])
85. Q: What will be required for the
prosecution to do after the defense
completed its evidence presentation?
A: The public prosecutor shall then
make his or her oral comments on the
offer. (Sec. 6, Rule III [B])
Rules on Expedited Procedures in the First Level Courts
86. Q: What will the court do after the
prosecution counsel made his or her
oral comments on the offer of
evidence by the defense?
A: The court shall orally resolve the offer
of evidence of the prosecution. The
ruling shall be embodied in the written
order the court will issue thereafter.
(Sec. 6, Rule III [B])
87. Q: Can the prosecution present
rebuttal evidence?
A: Yes. If the prosecution decides to
present rebuttal evidence, it shall have
fifteen (15) calendar days from the court
action on the offer of defense evidence
to complete the same. (Sec. 6, Rule III
[B])
88. Q: Can a motion for
postponement of any trial date be
filed?
A: No, a motion for postponement of
any trial date shall be presumed dilatory
and denied outright. (Sec. 6, Rule III [B])
89. Q: Are there exceptions for the
filing of a motion for postponement
of any trial date?
A: Yes, if it is grounded on authorized
causes such as acts of God, force
majeure, or duly substantiated physical
inability of the counsel or witness. (Sec.
6, Rule III [B])
17

90. Q: What if the motion for
postponement is granted by the
court?
A: Any postponement granted by the
court for the authorized causes shall not
extend the period for the presentation of
a party’s evidence. The party who
sought the postponement shall only
have the remaining trial dates assigned
to him or her to complete his or her
evidence presentation. (Sec. 6, Rule III
[B])
91. Q: When will the court render and
promulgate judgment?
A: The court shall render and
promulgate the judgment not later than
thirty (30) calendar days from the court’s
action on the last presenting party’s offer
of evidence. (Sec. 6, Rule III [B])
C. Appeals in Summary Procedure
92. Q: What can be the subject of an
ordinary appeal in Summary
Procedure?
A: Any judgment, final order, or final
resolution may be appealed to the
appropriate Regional Trial Court
exercising jurisdiction over the territory
under Rule 40 for civil cases and Rule
122 for criminal cases, of the Rules of
Court.
93. Q: How can an appeal be
perfected?
A: The appeal shall be taken by filing a
notice of appeal, together with proof of
payment of the appeal fees, with the
Rules on Expedited Procedures in the First Level Courts
court that rendered judgment, order or
resolution appealed from.
94. Q: When should an appeal be
filed?
A: Within fifteen (15) calendar days from
receipt of the judgment, order or
resolution appealed from.
95. Q: Can the judgment on appeal
filed with the Regional Trial Court be
raised on appeal before the Court of
Appeals?
A: No, the judgment of the Regional
Trial Court on the appeal shall be final,
executory, and unappealable.
IV. RULE ON SMALL CLAIMS
96. Q: What is the scope of the New
Rule on Small Claims?
A: It will govern the procedure in actions
for payment or reimbursement of a sum
of money where the value of the claim
does not exceed One Million Pesos
(P1,000,000.00). (Sec. 1, Rule IV)
NOTE: In the old rule the limit on the
value of the claim was only up to Two
Hundred Thousand Pesos
(P200,000.00).
97. Q: Where to file small claims?
A: Small claims must be filed in the
following courts:
○ Metropolitan Trial Courts
(MeTCs);
○ Municipal Trial Courts in Cities
(MTCCs);
○ Municipal Trial Courts (MTCs);
and
○ Municipal Circuit Trial Courts
18
(MCTCs). (Sec. 1, Rule IV)
98. Q: What are the objectives of the
New Rule on Small Claims?
A: The following are the objectives of
the new rule:
(a) To protect and advance the
constitutional right of persons to a
speedy disposition of their cases;
(b) To provide a simplified and
inexpensive procedure for the
disposition of small claims cases; and
(c) To introduce innovations and best
practices for the benefit of the
underprivileged. (Sec. 2, Rule IV)
99. Q: Who are the parties in small
claims cases?
A: The following are the parties in small
claims cases:
● Plaintiff
○ The party who initiated a small
claims action.
○ Also includes a defendant who
has filed a counterclaim against a
plaintiff.
● Defendant
○ Party against whom the plaintiff
has filed a small claims action.
○ Also includes a plaintiff against
whom a defendant has filed a claim, or a
person who replies to the claim.
NOTE: A person is an individual,
corporation, partnership, limited liability
partnership, association, or other
juridical entity endowed with personality
by law; an Individual is a natural person.
(Sec. 3, Rule IV)
Rules on Expedited Procedures in the First Level Courts
100. Q: What are the other terms to
note in small claims cases?
A: The following are other terms to be
noted in this rule:
● Motion
○ Means a party's request, written
or oral, to the court for an order or other
action;
○ Includes an informal written
request to the court such as a letter;
● Good cause
○ Means circumstances sufficient to
justify the requested order or other
action, as determined by the judge;
● Business of Lending (New term)
○ Refers to any lending activity
pursued with regularity;
● Business of Banking (New term)
○ Refers to the business of lending
funds obtained in the form of deposits;
● Affidavit
○ Means a written statement or
declaration of facts that are sworn to or
affirmed to be true. (Sec. 3, Rule IV)
101. Q: What must be stated in the
affidavit submitted under the Rule on
Small Claims?
A: The following must be stated in the
affidavit:
● Facts of direct personal
knowledge of the affiants; or
● Facts based on authentic
records, which are admissible in
evidence. (Sec. 7, Rule IV)
102. Q: What is the effect of failing to
comply with the requirement on
affidavits?
A: Both the party and the counsel who
assisted the party in the preparation of
19
the affidavits will be subject to
appropriate disciplinary action.
● The inadmissible affidavit(s) or
portion(s) thereof shall be expunged
from the record. (Sec. 7, Rule IV)
103. Q: What if a party does not
submit the required affidavits?
A: Non-submission of the required
affidavits will cause the immediate
dismissal of the claim or counterclaim.
(Sec. 7, Rule IV)
104. Q: How to commence a small
claims action?
A: A small claims action may be
commenced by filling the following with
the court:
1. An accomplished Statement of
Claim/s with Verification Certification
Against Forum Shopping, Splitting a
Single Cause of Action, and Multiplicity
of Suits; (Form 1-SCC);
2. For juridical entities, a board
resolution or secretary's certificate
authorizing the person to file the claim
must be attached to the Statement of
Claim/s;
3. Duly certified photocopies of the
actionable document/s subject of the
claim;
4. Affidavits of witnesses; and
5. Other evidence to support the
claim.
Note that the number of copies of the
Statement of Claim and other court
submissions shall depend on the
number of defendants. (Sec. 4, Rule IV)
Rules on Expedited Procedures in the First Level Courts
105. Q: Are there other pleadings
required to be filed with the court?
A: No formal pleading, other than the
Statement of Claim/s described in this
Rule, is necessary to initiate a small
claims action. (Sec. 4, Rule IV)
106. Q: What is the effect if the
plaintiff fails to attach or submit a
piece of evidence with the Statement
of Claim?
A: The evidence shall not be allowed
during the hearing unless good cause is
shown for the admission of additional
evidence. (Sec. 4, Rule IV)
107. Q: What must the plaintiff state
in the Statement of Claim?
A: The plaintiff must state in the
Statement of Claim/s if he/she/it is
engaged in the business of lending,
banking and similar activities, and the
number of small claim cases filed within
the calendar year regardless of judicial
station. (Sec. 4, Rule IV)
108. Q: Where is the venue for Small
Claims Cases?
A: Generally, the regular rules on
venues are applicable.
However, if the plaintiff is engaged in the
business of lending, banking and similar
activities, and has a branch within the
municipality or city where the defendant
resides or is holding business, the
following shall apply:
● The Statement of Claim/ s shall
be filed in the court of the city or
municipality where the defendant
resides or is holding business.
20
● If there are two (2) or more
defendants, it shall be filed in the court
of the city or municipality where any of
them resides or is holding business at
the option of the plaintiff. (Sec. 5, Rule
IV)
109. Q: When is Joinder applicable in
Small Claims Cases?
A: The plaintiff may join in a single
statement of claim one or more separate
small claims against a defendant
provided:
● That the total amount claimed,
exclusive of interest and costs, does not
exceed One Million Pesos
(P1,000,000.00). (Sec. 6, Rule IV)
NOTE: The old rules limited the amount
claimed to Two Hundred Thousand
Pesos (P200,000.00).
110. Q: What are the rules on
payment of Filing Fees in Small
Claims Cases?
A: The plaintiff shall pay the docket and
other legal fees prescribed under Rule
141 of the Revised Rules of Court.
Note that exemption from the payment
of filing fees shall be granted only by the
Supreme Court.
If the plaintiff is engaged in the business
of lending, banking, and similar
activities, the amount of filing and other
legal fees shall be the same as those
applicable to cases filed under the
regular rules of procedure. (Sec. 8, Rule
IV)
Rules on Expedited Procedures in the First Level Courts
111. Q: What are the exemptions to
the general rule of payment of filing
fees?
A: The following are the exemptions:
1. If the plaintiff is permitted to
litigate as an Indigent:
a. A claim filed with a motion to sue
as indigent (Form 6-SCC) shall be
referred to the Executive Judge for
immediate action in case of multi-sala
courts.
i. If the motion is granted by the
Executive Judge, the case shall be
raffled off or assigned to the court
designated to hear small claims cases.
ii. If the motion is denied, the plaintiff
shall be given five (5) calendar days
within which to pay the docket fees,
otherwise, the case shall be dismissed
without prejudice.
b. In no case shall a party, even if
declared an indigent, be exempt from
the payment of the One Thousand
Pesos (P1,000.00) fee for service of
summons and processes.
2. If more than five (5) small claims
are filed by one party within the calendar
year, regardless of the judicial station:
a. An additional filing fee of Five
Hundred Pesos (P500.00) shall be paid
for every claim filed after the fifth (5th)
claim;
b. An additional One Hundred
Pesos (P100.00) or a total of Six
Hundred Pesos (P600.00) for every
claim filed after the tenth (10th) claim;
and
c. Another One Hundred Pesos
(PI00.00) or a total of Seven Hundred
Pesos (P700) for every claim filed after
the fifteenth (15th) claim, progressively
and cumulatively.
21
3. If a case is dismissed without
prejudice under Sec. 12 (f) of this Rule
(failure to properly serve summons), and
is re-filed within one (1) year from notice
of dismissal:
a. The plaintiff shall pay a fixed
amount of Two Thousand Pesos
(P2,000.00) as filing fee, inclusive of the
One Thousand Pesos (P1,000.00) fee
for service of summons and processes.
NOTE: This situation was added under
the amended rules. (Sec. 8, Rule IV)
112. Q: How are Small Claims Cases
dismissed?
A: The court may dismiss the case on
its own initiative under any of the
following grounds, provided it has
determined that such case would fall
under this rule and has examined the
allegations of the Statement of Claim/s
and such evidence attached thereto:
(a) The court has no jurisdiction over
the subject matter;
(b) There is another action pending
between the same parties for the same
cause;
(c) The action is barred by prior
judgment;
(d) The claim is barred by the statute
of limitations:
(e) The court has no jurisdiction over
the person of the defendant;
(f) Venue is improperly laid;
(g) The plaintiff has no legal capacity
to sue;
(h) The Statement of Claim/s states
no cause of action;
(i) That a condition precedent for
filing the claim has not been complied
with; and
Rules on Expedited Procedures in the First Level Courts
(j) The plaintiff failed to submit the
required affidavits, as provided in
Section 7 of this Rule.
NOTE: The order of dismissal shall state
if it is with or without prejudice. These
specific grounds were specifically
enumerated in the amended rules. (Sec.
9, Rule IV)
113. Q: What are other instances
wherein the court may dismiss the
Small Claims case?
A: The following are the other instances
wherein the court may dismiss said
cases:
● If the court is able to determine
that there exists a ground for dismissal
of the Statement of Claim/s, during the
hearing:
(a) The court may on its own
initiative dismiss the case even if such
ground is not pleaded in the defendant's
Response.
● If the plaintiff misrepresents that
he/she/it is not engaged in the business
of lending, banking, or similar activities
when in fact he/ she/it is so engaged:
(a) The Statement of Claim/ s shall
be dismissed with prejudice and the
plaintiff shall be meted the appropriate
sanctions, including citation for direct
contempt. (Sec. 9, Rule IV)
114. Q: When is a small claims case
herein not dismissed, but instead,
re-docketed under an appropriate
procedure and returned to a court
where it was assigned?
A: The following are re-docket under an
appropriate procedure:
22
● If the case does not fall under this
Rule, but falls under summary or regular
procedure; or
● If the case is filed under summary
or regular procedure but falls under this
Rule (Added in the amended rules).
Note that this is still subject to payment
of any deficiency in the applicable
regular rate of filing fees. (Sec. 9, Rule
IV)
115. Q: When is a summons issued?
A: If no ground for dismissal is found,
Summons (Form 2-SCC) must be
issued within twenty-four (24) hours
from receipt of the Statement of Claim/s,
directing the defendant to submit a
verified Response.
NOTE: In serving summons to the
defendant, it must also be accompanied
by the following:
a. a copy of the Statement of
Claim/s and documents submitted by
the plaintiff; and
b. a blank Response Form (Form
3-SCC) to be accomplished by the
defendant.
The new rules now limit the period to
within twenty-four (24) hours. (Sec. 10,
Rule IV)
116. Q: What is a Notice of Hearing
(Form 4-SCC) and how is it issued?
A: The court shall issue said Notice of
Hearing to both parties.
a. Such Notice of Hearing shall
direct the parties to appear before the
court on a specific date and time for
hearing.
b. There is a warning that no
unjustified postponement shall be
Rules on Expedited Procedures in the First Level Courts
allowed, as provided in Section 20 of
this Rule.
c. The Notice of Hearing must be
accompanied by the Summons.
NOTE: A blank Special Power of
Attorney (Form 7-SCC) shall be
attached to the Notice of Hearing. (Sec.
10, Rule IV)
117. Q: What are the contents of the
Notice of Hearing?
A: The following must be contained in a
Notice of Hearing:
(a) the date of the hearing:
a. Such date shall not be more than
thirty (30) calendar days from the filing
of the Statement of Claim/s, or
b. Such date shall also not be more
than sixty (60) calendar days if one of
the defendants resides or holds
business outside the judicial region; and
(b) the express prohibition against
the filing of a motion to dismiss or other
prohibited motions under Section 2,
Rule II. (Sec. 10, Rule IV)
118. Q: How does Electronic Filing
and Service in small claims cases
apply?
A: Service of court issuances and filings
by the plaintiff/s and defendant/s may be
made through:
● E-mail
● Facsimile
● Other Electronic means
Notices may, in addition to those
aforementioned, may also be served
through mobile phone calls, short
messaging service (SMS) or instant
messaging (IM) software applications.
NOTE: The consent to and chosen
mode of electronic service and notice
23
shall be indicated in the Statement of
Claim/s or Response, as the case may
be. (Sec. 11, Rule IV)
Service of Summons in Small Claims
Cases (Sec. 12)
(This is a completely new provision)
119. Q: How is the service of
Summons issued in small claims
cases?
A: The Summons and Notice of Hearing
must be issued within twenty-four (24)
hours from receipt of the Statement of
Claim/s.
Thereafter, the Summons, together with
the Notice of Hearing, shall be served
by the sheriff, his or her deputy, or
another proper court officer within ten
(10) calendar days from issuance.
Then, ​within five calendar (5) days from
such service, the Officer's Return shall
be filed with the court with a copy
furnished to the plaintiff at the given
address/es of record.
120. Q: What if Summons is returned
without being served on any or all of
the defendants?
A: The court shall order the plaintiff or
his or her representative to serve or
cause the service of Summons.
NOTE: In instances mentioned above,
the plaintiff shall inform the court within
thirty (30) calendar days from notice if
said Summons was served.
Otherwise, the Statement of Claim/s
shall be dismissed without prejudice as
to those who were not served with
Summons. This is not a ground to
archive the case. The case, however,
may be re-filed within one year from
Rules on Expedited Procedures in the First Level Courts
notice of dismissal, subject to payment
of reduced filing fees under Section 8
hereof.
121. Q: What about cases wherein
Summons is to be served outside the
judicial region of the court where the
case is pending?
A: The court may also order the plaintiff
or his or her representative to serve or
cause the service of Summons.
122. Q: How is Summons issued if
the plaintiff is a juridical entity?
A: Said juridical entity shall notify the
court, in writing, and name its authorized
representative therein. It shall also
attach a board resolution or secretary's
certificate thereto, stating that such
representative is duly authorized to
serve the Summons on behalf of the
plaintiff.
123. Q: What happens if the plaintiff
misrepresents that the defendant was
served with Summons, and it is later
proved that no Summons was
served?
A: The case shall be dismissed with
prejudice, the proceedings shall be
nullified, and the plaintiff shall be
declared in indirect contempt under Rule
71 of the Rules of Court and/or be
meted a fine in the amount of
P5,000.00.
124. Q: How is a response made in
small claims cases?
A: The defendant shall file with the court
and serve on the plaintiff a duly
accomplished and verified Response
24
(Form 3-SCC) within a non-extendible
period of ten (10) calendar days from
receipt of Summons. (Sec. 13, Rule IV)
125. Q: What must accompany the
response made in small claims cases
under section 13?
A: The Response shall be accompanied
by certified photocopies of documents,
as well as affidavits of witnesses and
other evidence in support thereof. (Sec.
13, Rule IV)
126. Q: What is the effect if the
defendant fails to attach evidence
with the Response?
A: Generally, no evidence shall be
allowed during the hearing which was
not attached to or submitted together
with the Response, unless good cause
is shown for the admission of additional
evidence.
127. Q: What is the effect if the
defendant fails to file a response?
A: Two instances must be noted when
there is a failure to file a response in
small claims cases:
■ Should the defendant fail to file
his/her/its Response within the required
period, and likewise fail to appear on the
date set for hearing:
○ The court shall render judgment
within twenty-four (24) hours from the
termination of the hearing, as may be
warranted by the facts alleged in the
Statement of Claim/s and its
attachments.
■ Should the defendant fail to file
his/her/its Response within the required
period but appear on the date set for
hearing:
Rules on Expedited Procedures in the First Level Courts
○ The court shall ascertain what
defense he/ she/it has to offer, which
shall constitute his/her/its Response,
proceed to hear the case on the same
day as if a Response has been filed
and, thereafter, render judgment within
twenty- four (24) hours from the
termination of the hearing.
○ NOTE: If the defendant relies on
documentary evidence to support his
defense, the court shall order him/her/it
to submit original copies of such
documents within three (3) calendar
days from the termination of the hearing
and, upon receipt thereof or expiration
of the period to file, the court shall
render judgment within twenty-four (24)
hours.
○ The time limits stated herein are
also added by the amended rules. (Sec.
14, Rule IV)
128. Q: Which kind of counterclaims
may be filed by a defendant in his
Response?
A: Any claim that he may possess at the
time the action was commenced, even if
it does not arise out of the same
transaction or occurrence, provided that
such claim:
(a) is within the coverage of this
Rule, exclusive of interest and costs;
(b) arises out of the same
transaction or event that is the subject
matter of the plaintiff's claim;
(c) does not require for its
adjudication the joinder of third parties;
and
(d) is not the subject of another
pending action. (Sec. 15, Rule IV)
25

129. Q: What is the effect if the
defendant fails to raise a compulsory
counterclaim in his or her Response?
A: The compulsory counterclaim is
deemed waived. (Sec. 15, Rule IV)
130. Q: What happens to a
counterclaim in the amount
exceeding the coverage of this Rule
(One Million Pesos), that was
erroneously pleaded by the
defendant?
A: It shall be deemed waived. (Sec. 15,
Rule IV)
131. Q: How often would courts hear
Small Claims Cases?
A: Under the Rule, there should be, at
least, one (1) hearing day every week
devoted to Small Claims, with a
minimum of five (5) cases scheduled per
hearing day. Such notice of schedule of
its Small Claims hearing day should be
posted by the Court conspicuously at
the Branch and at the Office of the Clerk
of Court. (Sec. 16, Rule IV)
132. Q: How should parties appear in
Small Claims cases?
A: Generally, the parties should appear
personally on the designated date of the
hearing. However, appearance through
a representative may be allowed for a
valid cause. (Sec. 17, Rule IV)
133. Q: Who may represent parties in
their absence?
A: Both natural persons and juridical
entities may choose their own
Rules on Expedited Procedures in the First Level Courts
representative who must NOT be a
lawyer. Such representative must be
authorized under a Special Power of
Attorney (Form 7-SCC), or a board
resolution or secretary's certificate if
applicable. (Sec. 17, Rule IV)
134. Q: May attorneys appear in small
claims cases?
A: No. No attorney shall appear on
behalf of or represent a party at the
hearing, unless the attorney is the
plaintiff or defendant.
If the court determines that a party
cannot properly present his/her/its claim
or defense and needs assistance, the
court may, in its discretion, allow another
individual who is NOT an attorney to
assist that party upon the latter's
consent. (Sec. 18, Rule IV)
135. Q: What is the effect when a
party fails to make an appearance?
A: It depends on who failed to make an
appearance:
● Failure of the plaintiff to appear
shall be cause for the dismissal of the
Statement of Claim/s without prejudice.
The defendant who appears in the
absence of the plaintiff shall be entitled
to judgment on the counterclaim.
● Failure of the defendant to
appear shall cause the court to render
judgment within twenty-four (24) hours
from the termination of the hearing.
● Failure of both parties to appear
shall cause the dismissal with prejudice
of both the Statement of Claim/s and the
counterclaim. (Sec. 19, Rule IV)
26
136. Q: May a party be allowed to
request for a postponement?
A: Yes, only once during the entire
course of proceedings, a party may be
granted postponement upon proof of his
physical inability to appear before the
court on the scheduled date and time.
(Sec. 20, Rule IV)
137. Q: How would a court conduct a
hearing on Small Claims?
A:
1. At the beginning of the
proceedings, the judge shall read aloud
a short statement explaining the nature,
purpose and the rule of procedure of
small claims cases.
2. The judge shall exert efforts to
bring the parties to an amicable
settlement of their dispute.
a. If the parties successfully reach a
settlement or resolution, it shall be
reduced into writing, signed by the
parties, and immediately submitted to
the court for approval at the hearing.
b. The court shall render judgment
based on the compromise agreement
within twenty-four (24) hours, and
furnish copies thereof to the parties.
3. If the parties fail to reach a
settlement agreement, the court shall
immediately proceed to hear the case in
an informal and expeditious manner
and, thereafter, render judgment within
twenty-four (24) hours from the
termination of the hearing.
4. The decision shall immediately
be entered by the Clerk of Court in the
court docket for civil cases and a copy
thereof forthwith served on the parties.
(Secs. 21 to 24, Rule IV)
Rules on Expedited Procedures in the First Level Courts
138. Q: May a party request for the
small claims hearing to be conducted
via videoconferencing?
A: Yes. Should the hearing be done
through videoconferencing, the court
shall require the parties to participate
through the use of the Court-prescribed
videoconferencing platform. (Sec. 23,
Rule IV)
However, if any of the participants
communicate his or her difficulty in
accessing or using the said
videoconferencing platform, the court
may allow the use of alternative
platforms subject to the conditions in
Section 23 hereof.
139. Q: May a party appeal against a
decision of the Small Claims Court?
A: No. The decision shall be final,
executory and unappealable. (Sec. 24,
Rule IV)
140. Q: What happens when a party
agrees to submit a compromise
agreement but fails to sign the same?
A: The court shall issue an order
directing the non-appearing party/ies to
confirm the compromise agreement
within three (3) calendar days from
notice thereof; otherwise, it shall be
deemed confirmed. (Sec. 22, Rule IV)
141. Q: How would a prevailing party
cause the execution of a decision?
A: He should file an ex-parte motion for
Execution after the decision is rendered
and proof of receipt thereof is on record.
However, a decision based on
compromise shall not be covered by the
27
requirement of proof of receipt. (Sec. 25,
Rule IV)

142. Q: How should the required

documents be certified by a party?
A: Except for public or official
documents, all documents attached to
the Statement of Claim/s or Response
shall be certified by the signature of the
plaintiff or the defendant concerned.
(Sec. 26, Rule IV)

143. Q: Are settlements and

compromise agreements rendered in
the course of Small Claims
proceedings subject to rules on
mediation and judicial dispute
resolution?
A: No. The rules on mediation and
judicial dispute resolution shall not
apply, as the parties may enter into a
compromise at any stage of the
proceedings. (Sec. 27, Rule IV)

144. Q: May a party disclose the

minutes of the settlement?
A: No. Settlement discussions must be
conducted with strict confidentiality.
(Sec. 22, Rule IV)

Rules on Expedited Procedures in the First Level Courts 28

SUBJECT INDEX P
A Petitions · 6, 12
Plea Bargaining · 16
Actionable Document · 9, 20 Pleadings · 6, 7, 8, 10, 12, 20
Answer · 7, 8, 9, 10 Preliminary Conference · 10, 11, 12
Appeal · 12, 18 Probable Cause · 6, 13, 14, 15
Arraignment · 14, 15, 16

R
C
Reply · 9
Complaint · 4, 6, 7, 8, 10, 11, 13 Rule On Small Claims · 4, 5, 18, 19, 20, 21, 22,
Counterclaim · 9, 11, 19, 20, 25, 26 23, 24, 25, 26, 27
Compulsory · 9, 26 Execution · 27
Permissive · 9 Jurisdictional Amount · 5
Cross-Claim · 9 Notice Of Hearing (Form 4-SCC) · 23
Response Form (Form 3-SCC) · 23, 24
Statement Of Claim (Form 1-SCC)· 20, 21,
G 22, 23, 24, 25, 26
Appeal · 27
Grounds For Dismissal · 8 Rule On Summary Procedure · 4, 5
Civil Cases · 4, 7
Criminal Cases · 5, 13
I Appeal · 18

Information · 6, 13
S
J Service · 7, 8, 15, 21, 22, 23, 24
Small Claim · 5, 18, 19, 20, 21, 22, 23, 24, 25,
Judgment · 4, 6, 10, 11, 12, 13, 18, 22, 25, 26, 26, 27
27 Summons · 8, 21, 22, 23
Judicial Counter Affidavit · 13, 14, 15

V
M
Videoconference, Videoconferencing · 7, 27
Motions · 6, 7, 12, 17, 18, 21, 23, 27

W
Warrant of Arrest · 15

Rules on Expedited Procedures in the First Level Courts 29

 COMPARATIVE TABLE OF THE 1991 RULES ON SUMMARY PROCEDURE AND
THE 2022 RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS

Applicability of Rules on Summary Procedure

1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in

(Rule I) the First Level Courts (Rule I)

Section 1. Scope — This rule shall govern
the summary procedure in the Metropolitan
Trial Courts, the Municipal Trial Courts in
Cities, the Municipal Trial Courts, and the
Municipal Circuit Trial Courts in the following
cases falling within their jurisdiction:
A. Civil Cases:
(1) All cases of forcible entry and A. Civil Cases
unlawful detainer, irrespective of the (1) Summary Procedure Cases, as follows:
amount of damages or unpaid rentals
sought to be recovered. Where
attorney's fees are awarded, the
same shall not exceed twenty
thousand pesos (P20,000.00).
(2) All other cases, except probate
proceedings, where the total amount
of the plaintiff's claim does not
exceed one hundred thousand pesos
(P100,000.00) or, two hundred
thousand pesos (P200,000.00) in
Metropolitan Manila, exclusive of
interest and costs.
Section 1. Coverage. — These rules shall
govern the expedited procedures in the
Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts,
and the Municipal Circuit Trial Courts, for the
following cases falling within their
jurisdiction:
(a) Forcible entry and unlawful detainer
cases, regardless of the amount of
damages or unpaid rentals sought to
be recovered. Where attorney's fees
are awarded, the same shall not
exceed One Hundred Thousand
Pesos (P100,000.00).
(b) All civil actions, except probate
proceedings, admiralty and maritime
actions, and small claims cases falling
under Rule IV hereof, where the total
amount of the plaintiff's claim does
not exceed Two Million Pesos
(P2,000,000.00), exclusive of interest
damages of whatever kind, attorney's
fees, litigation expenses and costs.
(c) Complaints for damages where the
claim does not exceed Two Million
Pesos (P2,000,000.00), exclusive of
interest and costs.
(d) Cases for enforcement of barangay
amicable settlement agreements and
arbitration awards where the money
claim exceeds One Million Pesos
(P1,000,000.00), provided that no
execution has been enforced by the
barangay within six (6) months from

Rules on Expedited Procedures in the First Level Courts 30

 1991 Rules on Summary Procedure
(Rule I)
B. Criminal Cases
(1) Violations of traffic laws, rules and
regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city
ordinances;
(4) All other criminal cases where the
penalty prescribed by law for the
offense charged is imprisonment not
exceeding six months, or a fine not
exceeding (P1,000.00), or both,
irrespective of other imposable
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts (Rule I)
the date of the settlement or date of
receipt of the award or from the date
the obligation stipulated or adjudged
in the arbitration award becomes due
and demandable, pursuant to Section
417, Chapter VII of Republic Act No.
7160, otherwise known as The Local
Government Code of 1991.
(e) Cases solely for the revival of
judgment of any Metropolitan Trial
Court, Municipal Trial Court in Cities,
Municipal Trial Court, and Municipal
Circuit Trial Court, pursuant to Rule
39, Section 6 of the Rules of Court.
(f) The civil aspect of a violation of Batas
Pambansa Blg. 22 (the Bouncing
Checks Law), if no criminal action has
been instituted therefor. Should a
criminal action be later instituted for
the same violation, the civil aspect
shall be consolidated. with the
criminal action and shall be tried and
decided jointly under the Rule on
Summary Procedure.
All other cases not included herein shall be
governed by the regular rules of procedure.
B. Criminal Cases
The following criminal cases shall be
governed. by the Rule on Summary
Procedure:
(1) Violations of traffic laws, rules and
regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city
ordinances;
(4) Violations of Batas Pambansa Blg. 22
(the Bouncing Checks Law); and
(5) All other criminal cases where the
penalty prescribed by law for the
31
 1991 Rules on Summary Procedure
(Rule I)
penalties, accessory or otherwise, or
of the civil liability arising therefrom:
Provided, however, that in offenses
involving damage to property through
criminal negligence, this Rule shall
govern where the impossible fine
does not exceed ten thousand pesos
(P10,000.00).
Section 1. Scope xxx This Rule shall not
apply to a civil case where the plaintiff's
cause of action is pleaded in the same
complaint with another cause of action
subject to the ordinary procedure; nor to a
criminal case where the offense charged is
necessarily related to another criminal case
subject to the ordinary procedure.
Section 2. Determination of applicability. — [Amended counterpart provision transposed
Upon the filing of a civil or criminal action, as Section 4, Rule III (A)]
the court shall issue an order declaring
whether or not the case shall be governed
by this Rule A patently erroneous
determination to avoid the application of the
Rule on Summary Procedure is a ground for
disciplinary action.
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts (Rule I)
offense charged is imprisonment not
exceeding one (1) year, or a fine not
exceeding Fifty Thousand Pesos
(P50,000.00), or both, regardless of
other imposable penalties, accessory
or otherwise, or of the civil liability
arising therefrom. In offenses
involving damage to property through
criminal negligence under Article 365
of the Revised Penal Code, this Rule
shall govern where the imposable fine
does not exceed One Hundred Fifty
Thousand Pesos (P150,000.00).
If the prescribed penalty consists of
imprisonment and or a fine, the prescribed
imprisonment shall be the basis for
determining the applicable procedure.
All other cases not included herein shall be
governed by the regular rules of procedure.
Section 2 Non-applicability. – These Rules
shall not apply to civil cases where the
plaintiff's cause of action is pleaded in the
same complaint with another cause of action
subject to the regular procedure; nor to
criminal cases where the offense charged is
necessarily related to another criminal case
subject to the regular procedure.
32
 General Common Provisions

1991 Rules on Summary Procedure (Rule 2022 Rules on Expedited Procedures in

IV) the First Level Courts (Rule II)

Section 18. Referral to Lupon. — Cases [Amended counterpart provision transposed

requiring referral to the Lupon for as Section 2, Rule III (A)]
conciliation under the provisions of
Presidential Decree No. 1508 where there is
no showing of compliance with such
requirement, shall be dismissed without
prejudice, and may be revived only after
such requirement shall have been complied
with. This provision shall not apply to
criminal cases where the accused was
arrested without a warrant.

Section 19. Prohibited Pleadings and
Motions. — The following pleadings,
motions, or petitions shall not be allowed in
the cases covered by this Rule:
(a) Motion to dismiss the complaint or to
quash the complaint or information
except on the ground of lack of
jurisdiction over the subject matter, or
failure to comply with the preceding
section;
(b) Motion for a bill of particulars:
(c) Motion for new trial, or for
reconsideration of a judgment, or for
reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file
pleadings, affidavits or any other
paper;
(f) Memoranda;
(g) (g) Petition for certiorari, mandamus,
or prohibition against any
interlocutory order issued by the
court;
(h) Motion to declare the defendant in
Section 2. Prohibited pleadings and motions.
— The following pleadings, motions, or
petitions shall not be allowed in cases
governed by these Rules:
(a) In civil cases, a motion to dismiss the
complaint or the statement of claim,
and in criminal cases, a motion to
quash the complaint or information,
except on the ground of lack of
jurisdiction over the subject matter or
failure to comply with the requirement
of barangay conciliation, pursuant to
Chapter VII, Title I Book III of
Republic Act No. 7160;
(b) Motion to hear and/ or resolve
affirmative defenses;
(c) Motion for a bill of particulars;
(d) Motion for new trial, or for
reconsideration of a judgment on the
merits, or for reopening of
proceedings;
(e) Petition for relief from judgment;
(f) Motion for extension of time to file
pleadings, affidavits or any other

Rules on Expedited Procedures in the First Level Courts 33

1991 Rules on Summary Procedure (Rule
IV)
default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Section 20. Affidavits. — The affidavits
required to be submitted under this Rule
shall state only facts of direct personal
knowledge of the affiants which are
admissible in evidence, and shall show their
competence to testify to the matters stated
therein.
A violation of this requirement may subject
the party or the counsel who submits the
same to disciplinary action, and shall be
cause to expunge the inadmissible affidavit
or portion thereof from the record.
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts (Rule II)
paper;
(g) Memoranda;
(h) Petition for certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court;
(i) Motion to declare the defendant in
default;
(j) Dilatory motions for postponement.
Any motion for postponement shall be
presumed dilatory unless grounded
on acts of God, force majeure, or
physical inability of a counselor
witness to personally appear in court,
as supported by the requisite affidavit
and medical proof;
(k) Rejoinder;
(l) Third-party complaints;
(m) Motion for and Complaint in
Intervention;
(n) Motion to admit late judicial affidavit/s,
position papers, or other evidence,
except on the ground of force majeure
or acts of God;
(o) Motion for judicial determination of
probable cause in criminal cases.
[Amended counterpart provision transposed
as Section 7, Rule IV (A) under Rule on
Small Claims]
[Rule III, The Rule on Summary Procedure
does not have any counterpart provision]
34
1991 Rules on Summary Procedure (Rule 2022 Rules on Expedited Procedures in
IV) the First Level Courts (Rule II)

Section 21. Appeal. — The judgment or final [Amended counterpart provision transposed
order shall be appealable to the appropriate as Sections 1 and 2, Rule III (C) under Rule
regional trial court which shall decide the on Summary Procedure]
same in accordance with Section 22 of
Batas Pambansa Blg. 129. The decision of
the regional trial court in civil cases
governed by this Rule, including forcible
entry and unlawful detainer, shall be
immediately executory, without prejudice to
a further appeal that may be taken
therefrom. Section 10 of Rule 70 shall be
deemed repealed.

Section 22. Applicability of the Regular
Rules. — The regular procedure prescribed
in the Rules of Court shall apply to the
special cases herein provided for in a
suppletory capacity insofar as they are not
inconsistent herewith.
Section 1. Applicability of the regular rules.
— The regular procedure prescribed in the
Rules of Court shall apply to the cases
covered by these Rules where no specific
provision is found herein. It shall also apply
in a suppletory manner even if there is a
specific provision found in these Rules, but
only in so far as not inconsistent. In case of
inconsistency, these Rules shall prevail.

No counterpart provision. Section 3. Videoconference. — As far as

practicable, and if the court finds that the
conduct of a videoconference hearing will be
beneficial to the fair, speedy and efficient
administration of justice, the court, on its
own initiative or upon motion may set the
case for a videoconference hearing at any
stage of the proceedings.

No counterpart provision. Section 4. Service pursuant to international

convention. — Service made pursuant to the
Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents in Civil
or Commercial Matters shall be valid, and
the period to answer shall commence from
receipt of the document served.

Rules on Expedited Procedures in the First Level Courts 35

 Civil Cases

1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in

(Rule II) the First Level Courts (Rule III A)

Section 3. Pleadings. — Section 1. Pleadings and Verification. — The

A. Pleadings allowed. — The only only pleadings allowed to be filed are the
pleadings allowed to be filed are the complaint, compulsory counterclaim,
complaints, compulsory cross-claim pleaded in the answer, and reply,
counterclaims and cross-claims as provided in Section 8 of this Rule.
pleaded in the answer, and the
answers thereto. All pleadings shall be verified.
B. Verifications. — All pleadings shall be
verified.

No counterpart provision. Section. 2. Form and contents of pleadings.

— All pleadings submitted under this Rule
shall comply with Rule 7 of the 2019
Amendments to the 1997 Rules of Civil
Procedure.

All cases requiring prior referral to barangay

conciliation must contain a statement of
compliance, pursuant to Chapter VII, Title I,
Book III of Republic Act No. 7160. Where
there is no showing of compliance with such
requirement, the complaint shall be
dismissed without prejudice, on the court's
own initiative or upon motion by the
defendant, and may be re-filed only after the
requirement has been complied with.

No counterpart provision. Section. 3. Complaint. — The complaint

shall state the following:
(a) The names of the affiants whose
judicial affidavits will be presented to

Rules on Expedited Procedures in the First Level Courts 36

 1991 Rules on Summary Procedure
(Rule II)
Section 4. Duty of Court. — After the court
determines that the case falls under
summary procedure, it may, from an
examination of the allegations therein and
such evidence as may be attached thereto,
dismiss the case outright on any of the
grounds apparent therefrom for the
dismissal of a civil action. If no ground for
dismissal is found it shall forthwith issue
summons which shall state that the
summary procedure under this Rule shall
apply.
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts (Rule III A)
prove the plaintiff's claim. The judicial
affidavits shall be attached to the
complaint and form an integral part
thereof. Judicial affidavits not
attached to the complaint shall not be
considered;
(b) The summary of the statements in the
judicial affidavits;
(c) The documentary and other object
evidence in support of the allegations
in the complaint; and
(d) Whether the plaintiff consents to
service by electronic means or
facsimile and, if so, the plaintiff's
e-mail addresses or facsimile
numbers for such purpose.
Section. 4. Summons. — Within five (5)
calendar days from receipt of a new civil
case[,] if the court determines that the case
falls under this Rule, the court shall direct
the Branch Clerk to issue summons to the
defendant, stating clearly that the case shall
be governed by the Rule on Summary
Procedure.
However, if from an examination of the
allegations in the initiatory pleading and such
evidence as may be attached thereto[,] a
ground for the outright dismissal of the case
is apparent, the court may dismiss the case
on its own initiative. These grounds include
lack of subject matter jurisdiction, improper
venue, lack of legal capacity to sue, litis
pendentia, res judicata, prescription, failure
to state a cause of action, non-submission of
a certification against forum. shopping, and
lack of compliance with a condition
precedent such as absence of barangay
conciliation among others.
37
 1991 Rules on Summary Procedure
(Rule II)
No counterpart provision.
Section 5. Answer. — Within ten (10) days
from service of summons, the defendant
shall file his answer to the complaint and
serve a copy thereof on the plaintiff.
Affirmative and negative defenses not
pleaded therein shall be deemed waived,
except for lack of jurisdiction over the
subject matter. Cross-claims and
compulsory counterclaims not asserted in
the answer shall be considered barred. The
answer to counterclaims or cross-claims
shall be filed and served within ten (10)
days from service of the answer in which
they are pleaded.
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts (Rule III A)
A patently erroneous determination to avoid
the application of the Rule on Summary
Procedure is a ground for disciplinary action.
Section. 5. Filing and Service. — The rules
on filing and service of pleadings under Rule
13 and service of summons under Rule 14 of
the 2019 Amendments to the 1997 Rules of
Civil Procedure shall be applicable to cases
under this Rule, unless inconsistent.
Section. 6. Answer —Within thirty (30)
calendar days from service of summons, the
defendant shall file an answer to the
complaint and serve a copy thereof on the
plaintiff.
The answer shall state the following:
(a) The names of the affiants whose
judicial affidavits will be presented to
prove the defendant's allegations. The
judicial affidavits shall be attached to
the answer and form an integral part
thereof. Judicial affidavits not
attached to the answer shall not be
considered;
(b) The summary of the statements in the
judicial affidavits;
(c) The documentary and other object
evidence in support of the allegations
in the answer; and
(d) Whether the defendant consents to
service by electronic means or
facsimile and, if so, the defendant's
e-mail addresses or facsimile
numbers for such purpose.
Affirmative defenses not pleaded in the
answer shall be deemed waived, except for
lack of jurisdiction over the subject matter,
litis pendentia, res judicata, and prescription.
38
 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule II) the First Level Courts (Rule III A)

Cross-claims and compulsory counterclaims

not asserted in the answer shall be
considered barred.

No counterpart provision. Section. 7. Counterclaims Within the

Coverage of this Rule. — If at the time the
action is commenced, the defendant
possesses a claim against the plaintiff that
(a) is within the coverage of this Rule,
exclusive of interest and costs; (b) arises out
of the same transaction or event that is the
subject matter of the plaintiff's claim; (c)
does not require for its adjudication the
joinder of third parties; and (d) is not the
subject of another pending action, the claim
shall be filed as a counterclaim in the
answer; otherwise, the defendant shall be
barred from suing on such counterclaim.

The defendant may also elect to file a

counterclaim against the plaintiff that does
not arise out of the same transaction or
occurrence, provided that the amount and
nature thereof are within the coverage of this
Rule and the prescribed docket and other
legal fees are paid.

Any amount pleaded in a counterclaim in

excess of Two Million Pesos
(P2,000,000.00), excluding interests and
costs, shall be deemed waived.

No counterpart provision. Section. 8. Reply. — All new matters alleged

in the answer shall be deemed controverted.

The plaintiff may file a reply to a

counterclaim only when an actionable
document is attached to the answer. The
reply shall be filed within ten (10) calendar
days from receipt of the answer.

Section 6. Effect of Failure to Answer. — Section 9. Effect of Failure to Answer. —

Rules on Expedited Procedures in the First Level Courts 39

 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule II) the First Level Courts (Rule III A)

Should the defendant fail to answer the
complaint within the period above provided,
the court, motu proprio, or on motion of the
plaintiff, shall render judgment as may be
warranted by the facts alleged in the
complaint and limited to what is prayed for
therein: Provided, however, that the court
may in its discretion reduce the amount of
damages and attorney's fees claimed for
being excessive or otherwise
unconscionable. This is without prejudice to
the applicability of Section 4, Rule 15 of the
Rules of Court, if there are two or more
defendants.
Should the defendant fail to answer the
complaint within the period provided, the
court, on its own initiative, or upon
manifestation by the plaintiff that the period
for filing an answer has already lapsed, shall
render judgment as may be warranted by the
facts alleged in the complaint and its
attachments, limited to what is prayed for
therein.
The court may reduce the amount of
damages and attorney's fees claimed for
being excessive or otherwise
unconscionable

Section 7. Preliminary Conference; Section 10. Preliminary Conference; Notice.

Appearance of Parties. — Not later than — Within five (5) calendar days after the last
thirty (30) days after the last answer is filed,
responsive pleading is filed, the Branch
a preliminary conference shall be held. The Clerk of Court shall issue a Notice of
rules on pre-trial in ordinary cases shall be Preliminary Conference, which shall be held
applicable to the preliminary conference within thirty (30) calendar days from the date
unless inconsistent with the provisions of of filing of such last responsive pleading.
this Rule. The rules on pre-trial under Rule 18 of the
2019 Amendments to the 1997 Rules of Civil
The failure of the plaintiff to appear in the Procedure shall be applicable to the
preliminary conference shall be a cause for Preliminary Conference, unless inconsistent.
the dismissal of his complaint. The
defendant who appears in the absence of The Notice of Preliminary Conference shall
the plaintiff shall be entitled to judgment on include the dates respectively set for:
his counterclaim in accordance with Section (a) Preliminary Conference (within 30
6 hereof. All cross-claims shall be calendar days from the filing of the
dismissed. last responsive pleading);
(b) Court-Annexed Mediation (within an
If a sole defendant shall fail to appear, the inextendible period of 30 calendar
plaintiff shall be entitled to judgment in days from date of referral for
accordance with Section 6 hereof. This Rule mediation); and
shall not apply where one of two or more (c) Judicial Dispute Resolution, in the
defendants sued under a common cause of court's discretion (within an
action who had pleaded a common defense inextendible period of 15 calendar
shall appear at the preliminary conference. days from notice of failure of the
Court-Annexed Mediation).

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 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule II) the First Level Courts (Rule III A)

Non-appearance at any of the foregoing

settings shall be deemed as
non-appearance at the Preliminary
Conference and shall merit the same
sanctions under Section 12 of this Rule.

Section 7. Preliminary Conference; [Amended counterpart provision on

Appearance of Parties. Appearance of Parties transposed as
Section 12.]

Section 8. Record of Preliminary [Section 8. Record of Preliminary

Conference. — Within five (5) days after the Conference. – (Deleted)]
termination of the preliminary conference,
the court shall issue an order stating the
matters taken up therein, including but not
limited to:
a) Whether the parties have arrived at
an amicable settlement, and if so, the
terms thereof;
b) The stipulations or admissions
entered into by the parties;
c) Whether, on the basis of the
pleadings and the stipulations and
admissions made by the parties,
judgment may be rendered without
the need of further proceedings, in
which event the judgment shall be
rendered within thirty (30) days from
issuance of the order;
d) A clear specification of material facts
which remain controverted; and
e) Such other matters intended to
expedite the disposition of the case.

Section 9. Submission of Affidavits and [Section 9. Submission of Affidavits and

Position Papers. — Within ten (10) days Position Papers. – (Deleted)]
from receipt of the order mentioned in the
next preceding section, the parties shall
submit the affidavits of their witnesses and
other evidence on the factual issues defined
in the order, together with their position

Rules on Expedited Procedures in the First Level Courts 41

 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule II) the First Level Courts (Rule III A)

papers setting forth the law and the facts

relied upon by them.

No counterpart provision. Section 11. Preliminary Conference Brief. —

The parties shall file with the court and serve
on the adverse party in such a way as to
ensure receipt, at least three (3) calendar
days before the scheduled Preliminary
Conference, their respective Preliminary
Conference Briefs, which shall contain,
among others:
(a) A summary of admitted facts;
(b) A summary of disputed facts and
proposals for stipulations on the
same;
(c) A statement of factual and legal
issues; and
(d) A list of testimonial, object, and other
documentary evidence offered in
support of the party's claims or
defenses, and their markings, if any.

Failure to submit a Preliminary Conference

Brief within the period given shall merit the
same sanction as non-appearance at the
Preliminary Conference.

Section 7. Preliminary Conference; Section 12. Appearance at Preliminary

Appearance of Parties. xxx Conference. — It shall be the duty of the
parties and their counsel to appear at the
The failure of the plaintiff to appear in the Preliminary Conference, Court-Annexed
preliminary conference shall be a cause for Mediation, and Judicial Dispute Resolution, if
the dismissal of his complaint. The the latter is ordered by the court. The
defendant who appears in the absence of non-appearance of a party and/or counsel
the plaintiff shall be entitled to judgment on may be excused only for acts of God, force
his counterclaim in accordance with Section majeure, or duly substantiated physical
6 hereof. All cross-claims shall be inability.
dismissed.
A representative may appear on behalf of a
If a sole defendant shall fail to appear, the party, but must be fully authorized through a
plaintiff shall be entitled to judgment in Special Power of Attorney or a board

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 1991 Rules on Summary Procedure
(Rule II)
accordance with Section 6 hereof. This Rule
shall not apply where one of two or more
defendants sued under a common cause of
action who had pleaded a common defense
shall appear at the preliminary conference.
No counterpart provision.
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts (Rule III A)
resolution, as the case may be, to: (1) enter
into an amicable settlement, (2) to submit to
alternative modes of dispute resolution, and
(3) to enter into stipulations or admissions of
facts and documents. An authority which
fails to include all these acts shall be
ineffective and the party represented shall
be deemed absent.
The failure despite notice of the plaintiff
and/or his or her counsel to appear at the
Preliminary Conference shall be a cause for
the dismissal of the complaint. The
defendant who appears in the absence of
the plaintiff shall be entitled to judgment on
the counterclaim, in accordance with Section
9 of this Rule. All cross-claims shall be
dismissed.
If a sole defendant and/or his or her counsel
fail to appear at the Preliminary Conference,
the plaintiff shall be entitled to judgment in
accordance with Section 9 of this Rule. This
Rule shall not apply, however, where one of
two or more defendants sued under a
common cause of action and who had
pleaded a common defense, shall appear at
the Preliminary Conference.
Section 13. Preliminary Conference Order.
— Immediately after the preliminary
conference and the issues having been
joined, the court shall issue a Preliminary
Conference Order referring the parties to the
mandatory Court-Annexed Mediation, and
Judicial Dispute Resolution, which shall be
conducted in accordance with the provisions
of A.M. No. 19-10-20- SC or the 2020
Guidelines for the Conduct of the
Court-Annexed Mediation (CAM) and
Judicial Dispute Resolution (JDR) in Civil
43
 1991 Rules on Summary Procedure
(Rule II)
Section 10. Rendition of Judgment. —
Within thirty (30) days after receipt of the
last affidavits and position papers, or the
expiration of the period for filing the same,
the court shall render judgment.
However should the court find it necessary
to clarify certain material facts, it may,
during the said period, issue an order
specifying the matters to be clarified, and
require the parties to submit affidavits or
other evidence on the said matters within
ten (10) days from receipt of said order.
Judgment shall be rendered within fifteen
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts (Rule III A)
Cases.
The court may, in the same Preliminary
Conference Order, declare the case
submitted for judgment if, on the basis of the
pleadings and their attachments, as well as
the stipulations and admissions made by the
parties, judgment may be rendered without
the need of submission of position papers. In
this event, the court shall render judgment
within thirty (30) calendar days from
issuance of the order. The court's order, shall
not be the subject of a motion for
reconsideration or a petition for certiorari,
prohibition, or mandamus, but may be
among the matters raised on appeal after a
judgment on the merits.
If the court, however, deems the submission
of position papers still necessary, it shall
require the parties, in the Preliminary
Conference Order, to submit their respective
position papers within ten (10) calendar days
from receipt of such order. No other judicial
affidavits or evidence will be admitted even if
filed with the position papers.
Section 14. Rendition of Judgment. — Within
thirty (30) calendar days from receipt by the
court of the Mediator's Report or the JDR
Report on the parties' failure to reach an
amicable settlement[,] the court shall render
Judgment.
However, should the court find it necessary
to clarify certain material facts, it may, during
the said period, issue an order specifying the
matters to be clarified, and require the
parties to submit additional judicial affidavits
or other evidence on the said matters, within
ten (10) calendar days from receipt of said
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 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule II) the First Level Courts (Rule III A)

(15) days after the receipt of the last order. Judgment shall be rendered within
clarificatory affidavits, or the expiration of fifteen (15) calendar days after the receipt of
the period for filing the same. the last clarificatory judicial affidavits, or the
expiration of the period for filing the same.
The court shall not resort to a clarificatory
procedure to gain time for the rendition of The court shall not resort to the clarificatory
the judgment. procedure to gain time for the rendition of
the judgment.

Criminal Cases

1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in

(Rule III) the First Level Courts (Rule III B)

Section 11. How Commenced. — The filing Section 1. How Commenced; filing and
of criminal cases falling within the scope of Service. — The filing of criminal cases
this Rule shall be either by complaint or by governed by the Rule on Summary
information: Provided, however, that in Procedure shall either be by complaint or by
Metropolitan Manila and in Chartered Cities. information.
Such cases shall be commenced only by
information, except when the offense cannot The complaint or information shall be
be prosecuted de oficio. accompanied by the judicial affidavits of the
complainant and of his or her witnesses, in
The complaint or information shall be such number of copies as there are
accompanied by the affidavits of the accused, plus one (1) copy for the court.
complainant and of his witnesses in such
number of copies as there are accused plus The complaint or information and other
two (2) copies for the court's files. If this submissions of the parties may be filed with
requirement is not complied with within five the court and served on the adverse
(5) days from the date of filing, the case party/ies, and judgments, resolutions,
may be dismissed. orders, and other court processes may be
served to the parties, electronically with their
consent, in accordance with the prevailing
Rules and other Court issuances.

Section 12. Duty of Court. — Section 2. Duty of Court; Judicial Affidavits.

—
(a) If commenced by complaint. — On
the basis of the complaint and the (a) If commenced by complaint. — On

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 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule III) the First Level Courts (Rule III B)

affidavits and other evidence
accompanying the same, the court
may dismiss the case outright for
being patently without basis or merit
and order the release of the accused
if in custody.
(b) If commenced by information. —
When the case is commenced by
information, or is not dismissed
pursuant to the next preceding
paragraph, the court shall issue an
order which, together with copies of
the affidavits and other evidence
submitted by the prosecution, shall
require the accused to submit his
counter-affidavit and the affidavits of
his witnesses as well as any
evidence in his behalf, serving copies
thereof on the complainant or
prosecutor not later than ten (10)
days from receipt of said order. The
prosecution may file reply affidavits
within ten (10) days after receipt of
the counter-affidavits of the defense.
the basis of the complaint and the
judicial affidavits and other evidence
accompanying the same, the court
may dismiss the case outright for lack
of probable cause, and order the
release of the accused if in custody.
(b) If commenced by information. —
When the case is commenced by
information, or is not dismissed
pursuant to paragraph (a), the court
shall issue an order which, together
with copies of the resolution of the
investigating officer and the judicial
affidavits and other evidence
submitted by the prosecution, shall
require the accused to submit a
judicial counter-affidavit and the
judicial affidavits of his or her
witnesses, as well as any other
evidence in his or her behalf, within
fifteen (15) calendar days from receipt
of the order. The accused shall serve
copies thereof on the private
complainant and the public prosecutor
within the same period.

Except on rebuttal, no witness shall be

allowed to testify unless his or her judicial
affidavit was submitted in accordance with
this provision. The judicial affidavit shall take
the place of the direct testimony of a
witness.

However, instead of judicial affidavits, the

prosecution may submit the written sworn
statements of the complainant and/or the
witnesses prepared by the law enforcement
agents assigned to the case, or the affidavits
submitted to the public prosecutor during
preliminary investigation. If the prosecution
chooses this option, the prosecutor shall not

Rules on Expedited Procedures in the First Level Courts 46

 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule III) the First Level Courts (Rule III B)

be allowed to ask additional direct

examination questions of the complainant
and/or the witnesses, except for meritorious
reasons. The sworn statements and
affidavits shall stand as the direct testimony
of the affiants, supplemented by additional
direct examination if allowed by the court.

No counterpart provision. Section 3. Determination of probable cause.

— Upon receipt of the accused's judicial
counter-affidavit and/or the judicial affidavits
of his or her witnesses, or the lapse of the
period given for the submission thereof, the
court shall determine if probable cause
exists to hold the accused for trial.

If the court finds that no probable cause

exists, it shall order the dismissal of the case
and the immediate release of the accused, if
in custody.

If the court finds that probable cause exists,

the court shall set the case for arraignment
and pre-trial.

For detained accused, if the period for

submission of judicial affidavits and other
evidence by the accused has not yet lapsed
and no submission has been made on the
date set for the arraignment and pre-trial, the
court may proceed with the arraignment if
the accused waives the court's consideration
of his or her judicial counter-affidavit and/or
the judicial affidavits of his or her witnesses
in the determination of probable cause,
without waiver of the admission of such
judicial counter-affidavit and/or the judicial
affidavits of his or her witnesses within a
fresh period of ten (10) calendar days from
the date of the arraignment and the pre-trial.

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 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule III) the First Level Courts (Rule III B)

Section 16. Arrest of Accused. — The court
shall not order the arrest of the accused
except for failure to appear whenever
required. Release of the person arrested
shall either be on bail or on recognizance by
a responsible citizen acceptable to the
court.
Section 4. Arrest. — The court shall not
issue a warrant for the arrest of the accused
in criminal cases governed by the Rule on
Summary Procedure, except for failure to
appear despite notice, whenever required by
the court. Release of the person arrested
shall either be on bail, or on his or her own
recognizance[,] or that of a responsible
citizen acceptable to the court.

If the warrant of arrest could not be served

on the accused because he or she could not
be located, the court shall issue an order
archiving the case once the law enforcement
agency entrusted with the service of the
warrant of arrest files a return to that effect,
or after six (6) months from the issuance of
the warrant of arrest, there being no return
filed by the law enforcement agency.

Section 13. Arraignment and Trial. — [Section 13. Arraignment and Trial. –
Should the court, upon a consideration of (Deleted)]
the complaint or information and the
affidavits submitted by both parties, find no
cause or ground to hold the accused for
trial, it shall order the dismissal of the case;
otherwise, the court shall set the case for
arraignment and trial.

If the accused is in custody for the crime

charged, he shall be immediately arraigned
and if he enters a plea of guilty, he shall
forthwith be sentenced.

No counterpart provision. Section 5. Arraignment and Pre-trial. —

(a) Upon receipt of the case, the court shall

set the arraignment and pre-trial within ten
(10) calendar days for detained accused and
thirty (30) calendar days for non-detained
accused.

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 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule III) the First Level Courts (Rule III B)

The notice of arraignment and pre-trial shall

require the attendance of the accused and
his or her counsel and all defense witnesses,
the private complainant and his or her
witnesses, the public prosecutor and private
prosecutor, where allowed, as well as the
law enforcement agents assigned to the
case.

Before arraigning the accused, the court

shall inquire into the possibility of a plea
bargain between the parties.

If there is no plea bargain, the court shall

arraign the accused on the original charge
and enter his or her plea in the record.

If the accused pleads guilty to the original

charge, the court shall forthwith sentence
him or her.

If the accused offers to plead guilty to a

lesser offense, the consent of the public
prosecutor and the private complainant, or
the law enforcement agent assigned to the
case in victimless crimes, shall be secured,
unless the latter are absent despite notice, in
which case the consent of the public
prosecutor shall suffice.

(b) After arraignment, the court shall conduct

the Pre-Trial Conference in accordance with
the Revised Guidelines for Continuous Trial
of Criminal Cases.

No admission by the accused shall be used

against him or her unless reduce into writing
and signed by the accused and the defense
counsel. The signatures of the accused and
the defense counsel either on the Pre-Trial

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 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule III) the First Level Courts (Rule III B)

Order or the Minutes of the Pre-Trial

Conference, which embodies such
admissions, shall suffice.

Section 14. Preliminary Conference. — [Section 14. Preliminary Conference. –

Before conducting the trial, the court shall (Deleted)]
call the parties to a preliminary conference
during which a stipulation of facts may be
entered into, or the propriety of allowing the
accused to enter a plea of guilty to a lesser
offense may be considered, or such other
matters may be taken up to clarify the
issues and to ensure a speedy disposition of
the case. However, no admission by the
accused shall be used against him unless
reduced to writing and signed by the
accused and his counsel. A refusal or failure
to stipulate shall not prejudice the accused

Section 15. Procedure of Trial. — At the Section 6. Trial and Offer. — At the trial, the
trial, the affidavits submitted by the parties testimonies of witnesses shall consist of the
shall constitute the direct testimonies of the duly subscribed written statements given to
witnesses who executed the same. law enforcement agents, or the affidavits or
Witnesses who testified may be subjected to counter-affidavits submitted before the
cross examination, redirect or re-cross investigating officer, or their judicial
examination. Should the affiant fail to testify, affidavits, subject to cross, re-direct, and
his affidavit shall not be considered as re-cross examination questions.
competent evidence for the party presenting
the affidavit, but the adverse party may Should any affiant fail to testify, his or her
utilize the same for any admissible purpose. affidavit shall not be considered as
competent evidence for the party presenting
Except on rebuttal or surrebuttal, no witness the affidavit, but the adverse party may
shall be allowed to testify unless his affidavit utilize the same for any admissible purpose.
was previously submitted to the court in
accordance with Section 12 hereof. Except on rebuttal, no witness shall be
allowed to testify unless his or her affidavit
However, should a party desire to present was previously submitted to the court in
additional affidavits or counter-affidavits as accordance with Section 2 hereof.
part of his direct evidence, he shall so
manifest during the preliminary conference, The prosecution shall have sixty (60)
stating the purpose thereof. If allowed by the calendar days to complete its evidence

Rules on Expedited Procedures in the First Level Courts 50

 1991 Rules on Summary Procedure
(Rule III)
court, the additional affidavits of the
prosecution or the counter-affidavits of the
defense shall be submitted to the court and
served on the adverse party not later than
three (3) days after the termination of the
preliminary conference. If the additional
affidavits are presented by the prosecution,
the accused may file his counter-affidavits
and serve the same on the prosecution
within three (3) days from such service.
Section 17. Judgment. — Where a trial has Section 7. Judgment. — The court shall
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts (Rule III B)
presentation. On the last day of its
presentation of evidence, the public
prosecutor shall orally offer the prosecution
evidence. The defense counsel shall then
make his or her oral comments on the offer,
and thereafter, the court shall orally resolve
the offer of evidence of the prosecution. The
ruling shall be embodied in the written order
the court will issue thereafter.
The defense shall also have sixty (60)
calendar days to complete its evidence
presentation. On the last day of its
presentation of evidence, the defense
counsel shall orally offer the defense
evidence. The public prosecutor shall then
make his or her oral comments on the offer,
and thereafter, the court shall orally resolve
the offer of evidence of the defense. The
ruling shall be embodied in the written order
the court will issue thereafter.
If the prosecution decides to present rebuttal
evidence, it shall have fifteen (15) calendar
days from the court action on the offer of
defense evidence to complete the same.
A motion for postponement of any trial date
shall be presumed dilatory and denied
outright, unless grounded on acts of God,
force majeure, or duly substantiated physical
inability of the counsel or witness. Any
postponement granted by the court for the
authorized causes shall not extend the
period for presentation of a party's evidence.
The party who sought the postponement
shall only have the remaining trial dates
assigned to him or her to complete his or her
evidence presentation.
51
 1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in
(Rule III) the First Level Courts (Rule III B)

been conducted, the court shall promulgate render and promulgate the judgment not
the judgment not later than thirty (30) days later than thirty (30) calendar days from the
after the termination of trial court's action on the last presenting party's
offer of evidence.

Appeals in Summary Procedure

1991 Rules on Summary Procedure 2022 Rules on Expedited Procedures in

(Rule IV) the First Level Courts (Rule III C)

Section 21. Appeal. — The judgment or final
order shall be appealable to the appropriate
regional trial court which shall decide the
same in accordance with Section 22 of
Batas Pambansa Blg. 129. The decision of
the regional trial court in civil cases
governed by this Rule, including forcible
entry and unlawful detainer, shall be
immediately executory, without prejudice to
a further appeal that may be taken
therefrom. Section 10 of Rule 70 shall be
deemed repealed
Section 1. Ordinary Appeal. — Any
judgment, final order, or final resolution in a
Summary Procedure case may be appealed
to the appropriate Regional Trial Court
exercising jurisdiction over the territory under
Rule 40 for civil cases and Rule 122 for
criminal cases, of the Rules of Court. The
appeal shall be taken by filing a notice of
appeal, together with proof of payment of the
appeal fees, with the court that rendered the
judgment, order or resolution appealed from,
within fifteen (15) calendar days from receipt
of the same.

No counterpart provision. Section 2. Remedy from Judgment on

Appeal. — The judgment of the Regional
Trial Court on the appeal shall be final,
executory, and unappealable.

COMPARATIVE TABLE OF THE REVISED RULES OF PROCEDURE FOR SMALL

CLAIMS CASES AND THE 2022 RULES ON EXPEDITED PROCEDURES IN THE
FIRST LEVEL COURTS

Rules of Procedure for Small Claims 2022 Rules on Expedited Procedures in

the First Level Courts

Section 2. Scope. — These Rules shall Section 1. Scope. — This Rule shall govern
govern the procedure in actions before the the procedure in actions before the

Rules on Expedited Procedures in the First Level Courts 52

 Rules of Procedure for Small Claims
Metropolitan Trial Courts (MeTCs),
Municipal Trial Courts in Cities (MTCCs),
Municipal Trial Courts (MTCs) and
Municipal Circuit Trial Courts (MCTCs) for
payment of money where the value of the
claim does not exceed Two Hundred
Thousand Pesos (P200,000.00) exclusive of
interest and costs.
Section 3. Objectives. — Section 2. Objectives. —
(a) To protect and advance the
constitutional right of persons to a
speedy disposition of their cases;
(b) To provide a simplified and
inexpensive procedure for the
disposition of small claims cases;
and,
(c) To introduce innovations and best
practices for the benefit of the
underprivileged.
Section 4. Definition of Terms. — For Section 3. Definition of Terms. — For
purposes of this Rule:
(a) Plaintiff refers to the party who
initiated a small claims action. The
term includes a defendant who has
filed a counterclaim against plaintiff;
(b) Defendant is the party against whom
the plaintiff has filed a small claims
action. The term includes a plaintiff
against whom a defendant has filed a
claim, or a person who replies to the
claim;
(c) Person is an individual, corporation,
partnership, limited liability
partnership, association, or other
juridical entity endowed with
personality by law;
(d) Individual is a natural person;
(e) Motion means a party's request,
written or oral, to the court for an
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts
Metropolitan Trial Courts (MeTCs), Municipal
Trial Courts in Cities (MTCCs), Municipal Trial
Courts (MTCs) and Municipal Circuit Trial
Courts (MCTCs) for payment or
reimbursement of a sum of money where the
value of the claim does not exceed One
Million Pesos (P1,000,000.00).
(a) To protect and advance the
constitutional right of persons to a
speedy disposition of their cases;
(b) To provide a simplified and inexpensive
procedure for the disposition of small
claims cases; and
(c) To introduce innovations and best
practices for the benefit of the
underprivileged.
purposes of this Rule:
(a) Plaintiff refers to the party who initiated
a small claims action. The term
includes a defendant who has filed a
counterclaim against a plaintiff;
(b) Defendant is the party against whom
the plaintiff has filed a small claims
action. The term includes a plaintiff
against whom a defendant has filed a
claim, or a person who replies to the
claim;
(c) Person is an individual, corporation,
partnership, limited liability partnership,
association, or other juridical entity
endowed with personality by law;
(d) Individual is a natural person;
(e) Motion means a party's request, written
or oral, to the court for an order or
other action. It shall include an informal
53
 Rules of Procedure for Small Claims
order or other action. It shall include
an informal written request to the
court, such as a letter;
(f) Good cause means circumstances
sufficient to justify the requested
order or other action, as determined
by the judge; and,
(g) Affidavit means a written statement
or declaration of facts that are sworn
or affirmed to be true.
Section 6. Commencement of Small Claims
Action. — A small claims action is
commenced by filing with the court an
accomplished and verified Statement of
Claim (Form 1-SCC ) in duplicate,
accompanied by a Certification Against
Forum Shopping, Splitting a Single Cause of
Action, and Multiplicity of Suits (Form 1-A
SCC), and two (2) duly certified photocopies
of the actionable document/s subject of the
claim, as well as the affidavits of witnesses
and other evidence to support the claim. No
evidence shall be allowed during the
hearing which was not attached to or
submitted together with the Statement of
Claim, unless good cause is shown for the
admission of additional evidence.
The plaintiff must state in the Statement of
Claims if he/she/it is engaged in the
business of lending, banking and similar
activities, and the number of small claims
cases filed within the calendar year
regardless of judicial station.
Rules on Expedited Procedures in the First Level Courts
2022 Rules on Expedited Procedures in
the First Level Courts
written request to the court, such as a
letter;
(f) Good cause means circumstances
sufficient to justify the requested order
or other action, as determined by the
judge;
(g) Affidavit means a written statement or
declaration of facts that are sworn to or
affirmed to be true;
(h) Business of Lending refers to any
lending activity pursued with regularity;
(i) Business of Banking refers to the
business of lending funds obtained in
the form of deposits.
Section 4. Commencement of Small Claims
Action. — A small claims action is
commenced by filing with the court an
accomplished Statement of Claim/s with
Verification and Certification Against Forum
Shopping, Splitting a Single Cause of Action,
and Multiplicity of Suits (Form 1-SCC) and
duly certified photocopies of the actionable
document/s subject of the claim, affidavits of
witnesses, and other evidence to support the
claim, with as many copies thereof as there
are defendants. No evidence shall be allowed
during the hearing which was not attached to
or submitted together with the Statement of
Claim/s, unless good cause is shown for the
admission of additional evidence.
The plaintiff must state in the Statement of
Claim/s if he/she/it is engaged in the business
of lending, banking and similar activities, and
the number of small claims cases filed within
the calendar year regardless of judicial
station.
For juridical entities, a board resolution or
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No formal pleading, other than the secretary's certificate authorizing the person
Statement of Claim/s described in this Rule, to file the claim must be attached to the
is necessary to initiate a small claims action. Statement of Claim/s.

No formal pleading, other than the Statement

of Claim/s described in this Rule, is necessary
to initiate a small claims action.

Section 7. Venue. — The regular rules on Section 5. Venue for Small Claims Cases. —
venue shall apply. The regular rules on venue shall apply.
However, if the plaintiff is engaged in the
However, if the plaintiff is engaged in the business of lending, banking and similar
business of lending, banking and similar activities, and has a branch within the
activities, and has a branch within the municipality or city where the defendant
municipality or city where the defendant resides or is holding business, the Statement
resides, the Statement of Claim/s shall be of Claim/s shall be filed in the court of the city
filed where that branch is located. or municipality where the defendant resides
or is holding business. If there are two (2) or
more defendants, it shall be filed in the court
of the city or municipality where any of them
resides or is holding business, at the option of
the plaintiff.

Section 8. Joinder of Claims. — Plaintiff Section 6. Joinder of Claims. — Plaintiff may

may join in a single statement of claim one
or more separate small claims against a
defendant provided that the total amount
claimed, exclusive of interest and costs,
does not exceed Two Hundred Thousand
Pesos (P200,000.00).
join in a single statement of claim one or more
separate small claims against a defendant
provided that the total amount claimed,
exclusive of interest and costs, does not
exceed One Million Pesos (P1,000,000.00).

Section 9. Affidavits. — The affidavits Section 7. Affidavits. — The affidavits

submitted under this Rule shall state only submitted under this Rule shall state only
facts of direct personal knowledge of the facts of direct personal knowledge of the
affiants or based on authentic records, affiants or based on authentic records, which
which are admissible in evidence. are admissible in evidence.

A violation of this requirement shall subject A violation of this requirement shall subject
the party, and the counsel who assisted the the party, and the counsel who assisted the
party in the preparation of the affidavits, if party in the preparation of the affidavits, if any,
any, to appropriate disciplinary action. The to appropriate disciplinary action. The

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inadmissible affidavit(s) or portion(s) thereof inadmissible affidavit(s) or portion(s) thereof

shall be expunged from the record. shall be expunged from the record.

The non-submission of the required The non-submission of the required affidavits

affidavits will cause the immediate dismissal will cause the immediate dismissal of the
of the claim or counterclaim. claim or counterclaim.

Section 10. Payment of Filing Fees. — The
plaintiff shall pay the docket and other legal
fees prescribed under Rule 141 of the
Revised Rules of Court, unless allowed to
litigate as an indigent. Exemption from the
payment of filing fees shall be granted only
by the Supreme Court.
Section 8. Payment of Filing Fees . — The
plaintiff shall pay the docket and other legal
fees prescribed under Rule 141 of the
Revised Rules of Court, unless allowed to
litigate as an indigent Exemption from the
payment of filing fees shall be granted only by
the Supreme Court.

However, if more than five (5) small claims However, if more than five (5) small claims
are filed by one party within the calendar are filed by one party within the calendar year,
year, regardless of the judicial station, an regardless of the judicial station, an additional
additional filing fee of P500.00 shall be paid filing fee of Five Hundred Pesos (P500.00)
for every claim filed after the fifth (5th) claim,
shall be paid for every claim filed after the fifth
and an additional P100.00 or a total of (5th) claim, and an additional One Hundred
P600.00 for every claim filed after the tenth Pesos (P100.00) or a total of Six Hundred
(10th) claim, and another P100.00 or a total Pesos (P600.00) for every claim filed after the
of P700 for every claim filed after the tenth (10th) claim, and another One Hundred
fifteenth (15th) claim, progressively and Pesos (P100.00) or a total of Seven Hundred
cumulatively. Pesos (P700) for every claim filed after the
fifteenth (15th) claim, progressively and
If the plaintiff is engaged in the business of cumulatively.
banking, lending and similar activities, the
amount of filing and other legal fees shall be If a case is dismissed without prejudice under
the same as those applicable to cases filed Sec. 12 (f) of this Rule, and is re-filed within
under the regular rules. one (1) year from notice of dismissal, the
plaintiff shall pay a fixed amount of Two
A claim filed with a motion to sue as indigent Thousand Pesos (P2,000.00) as filing fee,
(Form 6-SCC) shall be referred to the inclusive of the One Thousand Pesos
Executive Judge for immediate action in (P1,000.00) fee for service of summons and
case of multi-sala courts. If the motion is processes.
granted by the Executive Judge, the case
shall be raffled off or assigned to the court If the plaintiff is engaged in the business of
designated to hear small claims cases. If the lending, banking, and similar activities, the

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 Rules of Procedure for Small Claims
motion is denied, the plaintiff shall be given
five (5) days within which to pay the docket
fees, otherwise, the case shall be dismissed
without prejudice. In no case shall a party,
even if declared an indigent, be exempt
from the payment of the P1,000.00 fee for
service of summons and processes.
Section 11 Dismissal of the Claim. — After
the court determines that the case falls
under these Rules, it may, from an
examination of the allegations of the
Statement of Claim/s and such evidence
attached thereto, by itself, dismiss the case
outright on any of the grounds for the
dismissal of the case. The order of dismissal
shall state if it is with or without prejudice.
If, during the hearing, the court is able to
determine that there exists a ground for
dismissal of the Statement of Claim/s, the
court may, by itself, dismiss the case even if
such ground is not pleaded in the
defendant's Response.
If plaintiff misrepresents that he/she/it is not
engaged in the business of banking, lending
or similar activities when in fact he/she/it is
so engaged, the Statement of Claim/s shall
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amount of filing and other legal fees shall be
the same as those applicable to cases filed
under the regular rules of procedure.
A claim filed with a motion to sue as indigent
(Form 6-SCC) shall be referred to the
Executive Judge for immediate action in case
of multi-sala courts. If the motion is granted
by the Executive Judge, the case shall be
raffled off or assigned to the court designated
to hear small claims cases. If the motion is
denied, the plaintiff shall be given five (5)
calendar days within which to pay the docket
fees, otherwise, the case shall be dismissed
without prejudice. In no case shall a party,
even if declared an indigent, be exempt from
the payment of the One Thousand Pesos
(P1,000.00) fee for service of summons and
processes.
Section 9. Dismissal of the Claim. — After the
court determines that the case falls under this
Rule, it may, from an examination of the
allegations of the Statement of Claim/s and
such evidence attached thereto, on its own
initiative, dismiss the case outright on any of
the following grounds:
(a) The court has no jurisdiction over the
subject matter;
(b) There is another action pending
between the same parties for the same
cause;
(c) The action is barred by prior judgment;
(d) The claim is barred by the statute of
limitations;
(e) The court has no jurisdiction over the
person of the defendant;
(f) Venue is improperly laid;
(g) Plaintiff has no legal capacity to sue;
(h) The Statement of Claim/s states no
cause of action;
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 Rules of Procedure for Small Claims
be dismissed with prejudice and plaintiff
shall be meted the appropriate sanctions,
such as direct contempt.
However, if the case does not fall under this
Rule, but falls under summary or regular
procedure, the case shall not be dismissed.
Instead, the case shall be re-docketed
under the appropriate procedure, and
returned to the court where it was assigned,
subject to payment of any deficiency in the
applicable regular rate of filing fees. If a
case is filed under the regular or summary
procedure, but actually falls under this Rule,
the case shall be referred to the Executive
Judge for appropriate assignment.
Section 12. Summons and Notice of
Hearing. — If no ground for dismissal is
found, the court shall forthwith issue
Summons (Form 2-SCC) on the day of
receipt of the Statement of Claim/s, directing
the defendant to submit a verified
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(i) That a condition precedent for filing the
claim has not been complied with; and
(j) Plaintiff failed to submit the required
affidavits, as provided in Section 7 of
this Rule.
The order of dismissal shall state if it is with or
without prejudice.
If, during the hearing, the court is able to
determine that there exists a ground for
dismissal of the Statement of Claim/s, the
court may, on its own initiative, dismiss the
case even if such ground is not pleaded in the
defendant's Response (Form 3-SCC).
If plaintiff misrepresents that he/she/it is not
engaged in the business of lending, banking,
or similar activities when in fact he/she/it is so
engaged, the Statement of Claim/s shall be
dismissed with prejudice and plaintiff shall be
meted the appropriate sanctions, including
citation for direct contempt.
However, if the case does not fall under this
Rule, but falls under summary or regular
procedure, or if the case is filed under
summary or regular procedure but falls under
this Rule, the case shall not be dismissed.
Instead, the case shall be re-docketed under
the appropriate procedure, and returned to
the court where it was assigned, subject to
payment of any deficiency in the applicable
regular rate of filing fees.
Section 10. Summons and Notice of Hearing.
— If no ground for dismissal is found, the
court shall forthwith issue Summons (Form
2-SCC) within twenty-four (24) hours from
receipt of the Statement of Claim/s, directing
the defendant to submit a verified Response.
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Response.
The Summons to be served on the defendant
The court shall also issue a Notice of shall be accompanied by a copy of the
Hearing (Form 4-SCC) to both parties, Statement of Claim/s and documents
directing them to appear before it on a submitted by plaintiff, and a blank Response
specific date and time for hearing, with a Form (Form 3-SCC) to be accomplished by
warning that no unjustified postponement the defendant.
shall be allowed, as provided in Section 21
of this Rule. The Summons to be served on The court shall also issue a Notice of Hearing
the defendant shall be accompanied by a (Form 4-SCC) to both parties, directing them
copy of the Statement of Claim/s and to appear before it on a specific date and time
documents submitted by plaintiff, and a for hearing, with a warning that no unjustified
blank Response Form (Form 3-SCC) to be postponement shall be allowed, as provided
accomplished by the defendant. in Section 20 of this Rule. A blank Special
Power of Attorney (Form 7-SCC) shall be
A Notice of Hearing shall accompany the attached to the Notice of Hearing.
Summons and shall contain: (a) the date of
the hearing, which shall not be more than The Notice of Hearing shall accompany the
thirty (30) days from the filing of the Summons and shall contain: (a) the date of
Statement of Claim/s; and (b) the express the hearing, which shall not be more than
prohibition against the filing of a motion to thirty (30) calendar days from the filing of the
dismiss or any other motion under Section Statement of Claim/s, or not more than sixty
16 of this Rule. (60) calendar days if one of the defendants
resides or holds business outside the judicial
If Summons is returned without being region; and (b) the express prohibition against
served on any or all of the defendants, the the filing of a motion to dismiss or other
court shall order the plaintiff to cause the prohibited motions under Section 2, Rule II.
service of summons and shall inform the
court within thirty (30) days from notice if
said summons was served or not;
otherwise, the Statement of Claim/s shall be
dismissed without prejudice as to those who
were not served with summons.

No counterpart provision. Section 11. Electronic Filing and Service. —

The service of court issuances and filings by
the plaintiff/s and defendant/s may be made
through email, facsimile, and other electronic
means. Notices may also be served through
mobile phone calls, short messaging service

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(SMS), or instant messaging (IM) software

applications. The consent to, and chosen
mode of, electronic service and notice shall
be indicated in the Statement of Claim/s or
Response, as the case may be.

No counterpart provision. Section 12. Service of Summons. —

(a) The Summons and Notice of Hearing
must be issued within twenty-four (24)
hours from receipt of the Statement of
Claim/s. The Summons, together with
the Notice of Hearing, shall be served
by the sheriff, his or her deputy, or
other proper court officer within ten
(10) calendar days from issuance.
Within five calendar (5) days from such
service, the Officer's Return shall be
filed with the court with a copy
furnished to the plaintiff at the given
address/es of record.
(b) If Summons is returned without being
served on any or all of the defendants,
the court shall order the plaintiff or his
or her representative to serve or cause
the service of Summons.
(c) In cases where Summons is to be
served outside the judicial region of the
court where the case is pending, the
court may order the plaintiff or his or
her representative to serve or cause
the service of Summons.
(d) If the plaintiff is a juridical entity, it shall
notify the court, in writing, and name its
authorized representative therein,
attaching a board resolution or
secretary's certificate thereto, as the
case may be, stating that such
representative is duly authorized to
serve the Summons on behalf of the
plaintiff.
(e) If the plaintiff misrepresents that the

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 Rules of Procedure for Small Claims
Section 13. Response. — The defendant
shall file with the court and serve on the
plaintiff a duly accomplished and verified
Response within a non-extendible period of
ten (10) days from receipt of summons. The
Response shall be accompanied by certified
photocopies of documents, as well as
affidavits of witnesses and other evidence in
support thereof. No evidence shall be
allowed during the hearing which was not
attached to or submitted together with the
Response, unless good cause is shown for
the admission of additional evidence.
Section 14. Effect of Failure to File Section 14. Effect of Failure to File Response.
Response. — Should the defendant fail to — Should the defendant fail to file his/her/its
file his/her/its Response within the required Response within the required period, and
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defendant was served with Summons,
and it is later proved that no Summons
was served, the case shall be
dismissed with prejudice, the
proceedings shall be nullified, and the
plaintiff shall be declared in indirect
contempt under Rule 71 of the Rules of
Court, and/or be meted a fine in the
amount of P5,000.00.
(f) In both instances under paragraphs (b)
and (c), the plaintiff shall inform the
court within thirty (30) calendar days
from notice if said Summons was
served; otherwise, the Statement of
Claim/s shall be dismissed without
prejudice as to those who were not
served with Summons. This is not a
ground to archive the case. The case,
however, may be re-filed within one
year from notice of dismissal, subject
to payment of reduced filing fees under
Section 8 hereof.
Section 13. Response. — The defendant shall
file with the court and serve on the plaintiff a
duly accomplished and verified Response
(Form 3-SCC) within a non-extendible period
of ten (10) calendar days from receipt of
Summons. The Response shall be
accompanied by certified photocopies of
documents, as well as affidavits of witnesses
and other evidence in support thereof. No
evidence shall be allowed during the hearing
which was not attached to or submitted
together with the Response, unless good
cause is shown for the admission of additional
evidence.
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 Rules of Procedure for Small Claims
period, and likewise fail to appear on the
date set for hearing, the court shall render
judgment on the same day, as may be
warranted by the facts alleged in the
Statement of Claim/s.
Should the defendant fail to file his/her/its
Response within the required period but
appears on the date set for hearing, the
court shall ascertain what defense he/she/it
has to offer which shall constitute his/her/its
Response, and proceed to hear or
adjudicate the case on the same day as if a
Response has been filed.
Section 15. Counterclaims Within the
Coverage of this Rule. — If at the time the
action is commenced, the defendant
possesses a claim against the plaintiff that
(a) is within the coverage of this Rule,
exclusive of interest and costs; (b) arises
out of the same transaction or event that is
the subject matter of the plaintiff's claim; (c)
does not require for its adjudication the
joinder of third parties; and (d) is not the
subject of another pending action, the claim
shall be filed as a counterclaim in the
Response; otherwise, the defendant shall
be barred from suing on the counterclaim.
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likewise fail to appear on the date set for
hearing, the court shall render judgment
within twenty-four (24) hours from the
termination of the hearing, as may be
warranted by the facts alleged in the
Statement of Claim/s and its attachments.
Should the defendant fail to file his/her/its
Response within the required period but
appear on the date set for hearing, the court
shall ascertain what defense he/she/it has to
offer, which shall constitute his/her/its
Response, proceed to hear the case on the
same day as if a Response has been filed
and, thereafter, render judgment within
twenty-four (24) hours from the termination of
the hearing. If the defendant relies on
documentary evidence to support his
defense, the court shall order him/her/it to
submit original copies of such documents
within three (3) calendar days from the
termination of the hearing and, upon receipt
thereof or expiration of the period to file, the
court shall render judgment within twenty-four
(24) hours.
Section 15. Counterclaims within the
Coverage of this Rule. — If at the time the
action is commenced, the defendant
possesses a claim against the plaintiff that (a)
is within the coverage of this Rule, exclusive
of interest and costs; (b) arises out of the
same transaction or event that is the subject
matter of the plaintiff's claim; (c) does not
require for its adjudication the joinder of third
parties; and (d) is not the subject of another
pending action, the claim shall be filed as a
counterclaim in the Response; otherwise, the
defendant shall be barred from suing on such
counterclaim.
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The defendant may also elect to file a
counterclaim against the plaintiff that does
not arise out of the same transaction or
occurrence, provided that the amount and
nature thereof are within the coverage of
this Rule and the prescribed docket and
other legal fees are paid.
Section 16. Prohibited Pleadings and [Amended counterpart provision transposed
Motions.
Section 17. Availability of Forms; Assistance
by Court Personnel. — The Clerk of Court
or other court personnel shall provide such
assistance as may be requested by a
plaintiff or a defendant regarding the
availability of forms and other information
about the coverage, requirements as well as
procedure for small claims cases.
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The defendant may also elect to file a
counterclaim against the plaintiff that does not
arise out of the same transaction or
occurrence, provided that the amount and
nature thereof are within the coverage of this
Rule and the prescribed docket and other
legal fees are paid.
Any amount pleaded in a counterclaim in
excess of One Million Pesos (P1,000,000.00),
excluding interest and costs, shall be deemed
waived.
as Section 2, Rule II]
Section 16. Availability of Forms; Assistance
by Court Personnel. — The Clerk of Court or
other court personnel shall provide such
assistance as may be requested by a plaintiff
or a defendant regarding the availability of
forms and other information about the
coverage, requirements, as well as
procedure, for small claims cases.
Plaintiff shall be given copies of Forms 1-SCC
(Statement of Claim/s), 1- A-SCC (Other
Plaintiffs or Defendants) for additional
plaintiffs or defendants, if any, and 1-B-SCC
(Plaintiff's Information Sheet).
The Branch Clerk of Court must ensure that
there should be, at least, one (1) hearing day
every week devoted to Small Claims, with a
minimum of five (5) cases scheduled per
hearing day. Cases with the same
party-plaintiff may all be set on the same date
for facility in the preparation of notices and
judgments. The Court should post a notice of
its Small Claims hearing day conspicuously at
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 Rules of Procedure for Small Claims
Section 18. Appearance. — The parties Section 17. Appearance. — The parties shall
shall personally appear on the designated personally appear on the designated date of
date of hearing. hearing.
Appearance through a representative must
be for a valid cause. The representative of
an individual-party must not be a lawyer and
must be related to or next-of-kin of the
individual-party. Juridical entities shall not
be represented by a lawyer in any capacity.
The representative must be authorized
under a Special Power of Attorney (Form
7-SCC) to enter into an amicable settlement
of the dispute and to enter into stipulations
or admissions of facts and of documentary
exhibits.
Section 19. Appearance of Attorneys Not
Allowed. — No attorney shall appear in
behalf of or represent a party at the hearing,
unless the attorney is the plaintiff or
defendant.
If the court determines that a party cannot
properly present his/her claim or defense
and needs assistance, the court may, in its
discretion, allow another individual who is
not an attorney to assist that party upon the
latter's consent.
Section 20. Non-appearance of Parties. —
Failure of the plaintiff to appear shall be
cause for the dismissal of the Statement of
Claim/s without prejudice. The defendant
who appears in the absence of the plaintiff
shall be entitled to judgment on a
permissive counterclaim.
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the Branch and at the Office of the Clerk of
Court.
Appearance through a representative must be
for a valid cause. The representative of an
individual-party must not be a lawyer. Juridical
entities shall not be represented by a lawyer
in any capacity.
The representative must be authorized under
a Special Power of Attorney (Form 7-SCC),
board resolution or secretary's certificate, as
the case may be, to enter into an amicable
settlement of the dispute and to enter into
stipulations or admissions of facts and of
documentary exhibits.
Section 18. Appearance of Attorneys Not
Allowed. — No attorney shall appear in behalf
of or represent a party at the hearing, unless
the attorney is the plaintiff or defendant.
If the court determines that a party cannot
properly present his/her/its claim or defense
and needs assistance, the court may, in its
discretion, allow another individual who is not
an attorney to assist that party upon the
latter's consent.
Section 19. Non-appearance of Parties. —
Failure of the plaintiff to appear shall be
cause for the dismissal of the Statement of
Claim/s without prejudice. The defendant who
appears in the absence of the plaintiff shall be
entitled to judgment on the counterclaim.
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Failure of the defendant to appear shall
have the same effect as failure to file a
Response under Section 14 of this Rule.
This shall not apply where one of two or
more defendants who are sued under a
common cause of action and have pleaded
a common defense appears at the hearing.
Failure of both parties to appear shall cause
Failure of both parties to appear shall cause the dismissal with prejudice of both the
the dismissal with prejudice of both the Statement of Claim/s and the counterclaim.
Statement of Claim/s and the counterclaim.
Section 21. Postponement When Allowed.
— A request for postponement of a hearing
may be granted only upon proof of the
physical inability of the party to appear
before the court on the scheduled date and
time. A party may avail of only one (1)
postponement.
Section 22. Duty of the Court. — At the
beginning of the court session, the judge
shall read aloud a short statement
explaining the nature, purpose and the rule
of procedure of small claims cases.
Section 23. Hearing. — At the hearing, the
judge shall first exert efforts to bring the
parties to an amicable settlement of their
dispute. If efforts at settlement fail, the
hearing shall immediately proceed in an
informal and expeditious manner and be
terminated within the same day.
Any settlement (Form 8-SCC) or resolution
of the dispute shall be reduced into writing,
signed by the parties and submitted to the
court for approval (Form 9-SCC and Form
10-SCC).
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Failure of the defendant to appear shall have
the same effect as failure to file a Response
under Section 14 of this Rule. This shall not
apply where one of two or more defendants
who are sued under a common cause of
action and have pleaded a common defense
appears at the hearing.
Section 20. Postponement When Allowed. —
A request for postponement of a hearing may
be granted only upon proof of the physical
inability of the party to appear before the court
on the scheduled date and time. A party may
avail of only one (1) postponement.
Section 21. Duty of the Court. — At the
beginning of the court session, the judge shall
read aloud a short statement explaining the
nature, purpose and the rule of procedure of
small claims cases.
Section 22. Hearing. — At the hearing, the
judge shall first exert efforts to bring the
parties to an amicable settlement of their
dispute. Settlement discussions must be
conducted in strict confidentiality.
Any settlement or resolution of the dispute
shall be reduced into writing, signed by the
parties, and immediately submitted to the
court for approval at the hearing (Form
9-SCC). The court shall render judgment
based on the compromise agreement within
twenty-four (24) hours, and furnish copies
thereof to the parties (Form 10-SCC).
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If at any time before or at the hearing, a

compromise agreement is submitted, signed
by both parties, but only one (1) or neither
party appears to confirm it, the court shall
issue an order directing the non-appearing
party/ies to confirm the compromise
agreement within three (3) calendar days
from notice thereof; otherwise, it shall be
deemed confirmed.

If efforts at settlement fail, the court shall

immediately proceed to hear the case in an
informal and expeditious manner and,
thereafter, render judgment within twenty-four
(24) hours from termination of the hearing.

No counterpart provision. Section 23. Resort to Alternative

Videoconferencing Platform. — Should the
hearing be done through videoconferencing,
the court shall require the parties to
participate through the use of the
Court-prescribed videoconferencing platform.
However, if any of the participants
communicates his or her difficulty in
accessing or using the said
videoconferencing platform, the court may
allow the use of alternative videoconferencing
platforms or instant messaging (IM)
applications with video call features, provided
that the following conditions are met:
(a) The court shall use either its official
e-mail address or cell phone number to
access the alternative
videoconferencing platform or instant
messaging (IM) application;
(b) The parties shall use the e-mail
address or cell phone number they
indicated in their Statement of Claim/s
or Response, as the case may be, to
access the alternative
videoconferencing platform or instant

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messaging (IM) application; and

(c) The court shall maintain a record and
transcription of the proceedings.

Section 24. Decision. — After the hearing,
the court shall render its decision based on
the facts established by the evidence (Form
11-SCC), within twenty-four (24) hour from
termination of the hearing. The decision
shall immediately be entered by the Clerk of
Court in the court docket for civil cases and
a copy thereof forthwith served on the
parties.
Section 24. Decision. — After the hearing, the
court shall render its decision based on the
facts established by the evidence, within
twenty-four (24) hours from termination of the
hearing (Form 11-SCC). The refund of the
remaining balance from the Sheriff's Trust
Fund (STF), subject to accounting and
auditing procedures, shall be included in the
decision.

The decision shall be final, executory and The decision shall immediately be entered by
unappealable. the Clerk of Court in the court docket for civil
cases and a copy thereof forthwith served on
the parties.

The decision shall be final, executory and

unappealable.

Section 25. Execution. — When the
decision is rendered, execution shall issue
upon motion (Form 12-SCC) of the winning
party.
Section 25. Execution. — When the decision
is rendered and proof of receipt thereof is on
record, execution shall issue (Forms 13-SCC,
13-ASCC, or 13-B-SCC) upon ex-parte
motion of the winning party (Form 12-SCC).
However, a decision based on compromise
shall not be covered by the requirement of
proof of receipt.

Section 26. Certification of Documents. — Section 26. Certification of Documents. — All

All documents attached to the Statement of
Claim/s or Response that are required to be
certified, except public or official documents,
shall be certified by the signature of the
plaintiff or defendant concerned.
documents attached to the Statement of
Claim/s or Response that are required to be
certified, except public or official documents,
shall be certified by the signature of the
plaintiff or defendant concerned.

Section 27. Applicability of the Rules of Civil [Amended counterpart provision transposed
Procedure as Section 1, Rule II]

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 Rules of Procedure for Small Claims 2022 Rules on Expedited Procedures in
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Section 28. Non-applicability. — The rules
on mediation/judicial dispute resolution shall
not apply, inasmuch as the parties may
enter into compromise at any stage of the
proceedings.
Section 27. Non-applicability. — The rules on
mediation and judicial dispute resolution shall
not apply, as the parties may enter into
compromise at any stage of the proceedings.

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